-/£ 

General  School  Law  of 
South  Carolina 


1916 


Compiled  by  THOS.  H.  PEEPLES 
Attorney  General,  October  1916 


tl  hv  tin-  .^tatf  Df'iHirtmi'nt  nf  Education 
J.    /•:.    SWEAl  -nlcnt 


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GIFT   OF 


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NERAL  SCHOOL    LAW 

OF 

SOUTH  CAROLINA 

1916 


PUBLISHED  BY  J.  E.  SWEARINGEN 

State  Superintendent  of  Education 


Constitutional  Provisions. 


ARTICLE  XI. 
EDUCATION. 

1.  The  supervision  of  public  instruction  shall  be  vested  in  a  State 
Superintendent  of  Education,  who  shall  be  elected  for  the  term  of  two  years 
by  the  qualified  electors  of  the  State,  in  such  manner  and  at  such  time  as  the 
other  State  officers  are  elected;  his  powers,  duties  and  compensation  shall  be 
defined  by  the  General  Assembly. 

§  2  There  shall  be  a  State  Board  of  Education,  composed  of  the  Governor, 
the  State  Superintendent  of  Education,  and  not  exceeding  seven  persons  to  be 
appointed  by  the  Governor  every  four  years,  of  which  board  the  Governor 
shall  be  Chairman,  and  the  State  Superintendent  of  Education,  Secretary. 
This  Board  shall  have  the  regulation  of  examination  of  teachers  applying  for 
certificates  of  qualification,  and  shall  award  all  scholarships,  and  have 
such  other  powers  and  duties  as  may  be  determined  by  law.  The  traveling 
expenses  of  the  persons  to  be  appointed  shall  be  provided  for, by  the  General 
Assembly. 

§  3  Tin-  (leneral  Assembly  shall  make  provision  for  the  election  or  ap- 
pointment of  all  other  necessary  school  officers,  and  shall  define  their  qualifi- 
cations, powers,  duties,  compensation  and  terms  of  office. 

§  4  The  salaries  of  the  State  and  County  school  officers  and  compensation 
of  County  Treasurers  for  collecting  and  disbursing  school  moneys  shall  not  be 
paid  out  of  the  school  funds,  but  shall  be  otherwise  provided  for  by  the  Gen- 
eral Assembly. 

§  5  The  (ieneral  Asembly  shall  provide  for  a  liberal  system  of  free  public 
schools  for  all  children  between  the  ages  of  six  and  twenty-one  years,  and  for 
the  division  of  the  counties  into  suitable  school  districts,  as  compact  in  form 
as  practicable,  having  regard  to  natural  boundaries,  and  not  to  exceed  forty- 
nine  nor  he  less  than  nine  square  miles  in  area:  Provided,  That  in  cities  of 
ten  thousand  inhabitants  and  over,  this  limitation  of  area  shall  not  apply: 
Provided,  further,  That  when  any  school  district  laid  out  under  this 
section  shall  embrace'  cities  or  towns  already  organized  into  special  school 
districts  in  which  graded  school  buildings  have  been  erected  by  the  issue  of 
bonds,  or  by  special  taxation,  or  by  donation,  all  the  territory  included  in 


2      GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

said  school  district  shall  bear  its  just  proportion  of  any  tax  that  may  be  levied 
to  liquidate  such  bonds  or  support  the  public  schools  therin:  Provided,  fur- 
ther, That  nothing  in  this  article  contained  shall  be  construed  as  a  repeal  of 
the  laws  under  which  the  several  graded  school  districts  of  this  State  are  or- 
ganized. The  present  division  of  the  counties  into  school  districts  and  the 
provisions  of  law  now  governing  the  same  shall  remain  until  changed  by  the 
General  Assembly.1 

§  6.  The  existing  County  Boards  of  Commissioners  of  the  several 
counties,  or  such  officer  or  officers  as  may  hereafter  be  vested  with  the  same 
or  similar  powers  and  duties,  shall  levy  an  annual  tax  of  three  mills  on  the 
dollar  upon  all  the  taxable  property  in  their  respective  counties,,  which  tax 
shall  be  collected  at  the  same  time  and  by  the,  same  officers  as  the  other  taxes 
for  the  same  year,  and  shall  be  held  in  the  county  treasury  of  the  respective 
counties;  and  the  said  fund  shall  be  apportioned  among  the  school  districts 
of  the  county  in  proportion  to  the  number  of  pupils  enrolled  in  the  public 
schools  of  the  respective  districts,  and  the  officer  or  officers  charged  by  law 
with  making  said  apportionment  shall  notify  the  trustees  of  the  respective 
school  districts  thereof,  who  shall  expend  and  disburse  the  same  as  the  Gen- 
eral Assembly  may  prescribe.  The  General  Assembly  shall  define  "  enroll- 
ment. "  Not  less  than  three  trustees  for  each  school  district  shall  be  selected 
from  the  qualified  voters  and  taxpayers  therein,  in  such  manner  and  for  such 
terms  as  the  General  Assembly  may  determine,  except  in  cases  of  special 
school  districts  now  existing,  where  the  provisions  of  law  now  governing  the 
same  shall  remain  until  changed  by  the  General  Assembly:2  Provided,  The 
manner  of  the  selection  of  said  trustees  need  not  be  uniform  throughout  the 
State.  There  shall  be  assessed  on  all  taxable  polls  in  the  State  between  the  ages 
of  twenty-one  and  sixty  years  (excepting  Confederate  soldiers  above  the  ages 
of  fifty),  an  annual  tax  of  one  dollar  on  each  poll,  the  proceeds  of  which  tax 
shall  be  expended  for  school  purposes  in  the  several  school  districts  in  which 
it  is  collected.  Whenever  during  the  three  next  ensuing  fiscal  years  the  tax 
levied  by  the  said  County  Boards  of  Commissioners  or  similar  officers  and  the 
poll  tax  shall  not  yield  an  amount  equal  to  three  dollars  per  capita  of  the 
number  of  children  enrolled  in  the  public  schools  of  each  county  for  the  scho- 
lastic year  ending  the  thirty-first  of  October  in  the  year  eighteen  hundred  and 
ninety-five,  as  it  appears  in  the  report  of  the  State  Superintendent  of  Educa- 
tion for  said  scholastic  year,  the  Comptroller  General  shall,  for  the  aforesaid 
three  next  ensuing  fiscal  years,  on  the  first  day  of  each  of  said  years,  levy  such 
an  annual  tax  on  the  taxable  property  of  the 'State  as  he  may  determine  to  be 
necessary  to  make  up  such  deficiency,,  to  be  collected  as  other  State  taxes, 
and  apportion  the  same  among  the  counties  of  the  State  in  proportion  to  the 
respective  deficiencies  therein.  The  sum  so  apportioned  shall  be  paid  by  the 
State  Treasurer  to  the  County  Treasurers  of  the  respective  counties,  in  propor- 
tion to  the  deficiencies  therein,  on  the  warrant  of  the  Comptroller  General,  and 
shall  be  apportioned  among  the  school  districts  of  the  counties,  and  disbursed 
as  other  school  funds;  and  from  and  after  the  thirty-first  day  of  December, 
in  the  year  eighteen  hundred  and  ninety-eight,  the  General  Assembly  shall 
cause  to  be  levied  annually  on  all  the  taxable  property  of  the  State  such  a  tax, 
in  addition  to  the  said  tax  levied  by  the  said  County  Boards  of  Commissioners 

1.     The    laws    applying    to    school     districts    and  5,    of    Art.    XI,    and    so    construed    a    separate    Act 

the   Graded  schools  held  not     repealed  by  this   con-  extending    the    boundaries    of    a    school    district    al- 

stitutional   provision.     Martin   v.    School   District   of  ready   created  may   be  regarded   a  special   provision 

Laurens,    57    S.    C.    125.  in   a   general   law.     State   v.   McCaw,    77    S.    C.    351. 

Liberal   provision   for  support  of  schools  required.  58  S.  E.   145. 

Murph  v.  Landrum,  76  S.  C.  32.  And  Acts  in  2.  The  General  Assembly  has  no  power  to  dis- 
the  interest  of '  the  schools  will  be  so  construed.  burse  public  school  funds  by  Joint  Resoultion,  ex- 
State,  Spencer  v.  McCaw,  67  S.  C.  351.  cept  through  the  trustees  of  the  district.  Asbill 

Subdivision  XI,  of  §   34,  of  Art  III,  of  Const,  of  T.    Martin,     84    S.    C.    271,     66     S.    E     297,     distm- 

1895,    must    be    construed    in    connection    with    See.  *uishing   Dickson   v.    Burckmeyer,    67    S.    C.    534. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 


or  s  milar  officers,  and  poll  tax  above  provided,  as  may  be  necessary  to  keep 
the  schools  open  throughout  the  State  for  such  length  of  time  in  each  scholas- 
tic ear  as  the  General  Assembly  may  prescribe ;  and  said  tax  shall  be  appor- 
*tioi  id  among  the  counties  in  proportion  to  the  deficiencies  therein  and  dis- 
bur  ed  as  other  school  funds.  Any  school  district  may  by  authority  of  the 
(.•'ei  iral  Assembly  levy  an  additional  tax  for  the  support  of  its  schools.8 

§  7.  Separate  schools  shall  be  provided  for  children  of  the  white  and  col- 
ore*  races,  and  no  child  of  either  race  shall  ever  be  permitted  to  attend  a 
sch<  ol  provided  for  children  of  the  other  race.4 

§  8  The  General  Assembly  may  provide  for  the  maintenance  of  Clemson 
Ag:  cultural  College,  the  University  of  South  Carolina,  and  the  Winthop  Nor- 
mal and  Industrial  College,  a  branch  thereof,  as  now  established  by  law,,  and 
ma}  create  scholarships  therein;  the  proceeds  realized  from  the  land  script 
giv«  n  by  the  Act  of  Congress  passed  the  second  day  of  July,  in  the  year  eigh- 
teei  hundred  and  sixty-two,  for  the,  support  of  an  agricultural  c6llege,  and 
any  lands  or  funds  which  have  heretofore  been  or  may  hereafter  be  given  or 
app  -opriated  for  educational  purposes  by  the  Congress  of  the  United  States, 
sha  I  be  applied  as  directed  in  the  Acts  appropriating  the  same :  Provided, 
Th?  t  the  General  Assembly  shall,  as  soon  as  practicable,  , wholly  .separate 
Cla  lin  College  from  Claflin  University  and  provide  for  a  separate  corps  of 
pro  essors  and  instructors  therein,  representation  to  be  given  to  men  and 
woi  len  of  the  negro  race ;  and  it  shall  be  the  Colored  Normal,  Industrial, 
Agi  .cultural  and  Mechanical  College  of  this  State.  i 

§  9.  The  property  or  credit  of  the  State  of  South  Carolina,  or  of  any 
foivity,  city,  town,  township,  school  district  or  other  subdivision  of  the  said 
Sta'  e,  or  any  public  money,  from  whatever  source  derived,  shall  not,  by  gift, 
don  ition,  loan,  contract,  appropriation,  or  otherwise,  be  used,  directly  or  indi- 
rect ly,  in  aid  or  maintenance  of  any  college,  school,,  hospital,  orphan  house,  or 
oth<r  institution,  society  or  organization,  of  whatever  kind,  which  is  wholly 
or  i  i  part  under  the  direction  or  control  of  any  church  or  of  any  religious  or 
sectarian  denomination,  society  or  organization.6 

?  10  All  gifts  of  every  kind  for  educational  purposes,  if  accepted  by  the 
Gen  ^ral  Assembly,  shall  be  applied  and  used  for  the  purpose  designated  by  the 
giver,  unless  the  same  be  in  conflict  with  the  provisions  of  this  Constitution. 

All  gifts  to  the  State  where  the  purpose  is  not  designated,  all  es- 
cheated property,  the  net  assets  or  funds  of  all  estates  or  copartnerships  in  the 
han  Is  of  the  Courts  of  the  State  where  there  have  been  no  claimants  for  the 
sam^  within  the  last  seventy  years,  and  other  money  coming  into  the  Treasury 
of  the  State  by  reason' of  the  twelfth  section  of  an  Act  entitled  "An  Act  to 
provide  a  mode  of  distribution  of  the  moneys  as  direct  tax  from  the  citizens 
of  this  Stair  by  the  United  States  in  trust  to  the  State  of  South  Carolina," 
approved  the  twenty-fourth  day  of  December,  in  the  year  of  eighteen  hundred 
and  ninety-one,  together  with  such  other  means  as  the  General  Assembly  may 
provide,  shall  be  securely  invested  as  the;State  School  Fund,  and  the  annual 
income  thereof  shall  be  apportioned  by  the  General  Assembly  for  the  purpose 
of  i  laintaining  the  public  schools. 

3.     The    term    "levy"    as    the   three   mill    tax    im-  4.     See    Floyd    v.    News    and    Courier.    71    S.    C. 

;  urrly    ministerial    duties    on    the    board,    and  118. 

requires  that  it  shall  take  such  action  as  will  place  5.     See    Attorney    General's    opinion    as    to    what 

x   on   the  auditor's   books.     Dickson   v.    Burck-  are   not   violations   of  this   section.      In   the   case  of 

the   Epworth   Orphanage,    September   27,    1902;   and 

As    to   the  apportionment  of  the   tax,    see    Capers  also    Reports   and    Resolutions,    1906,    vol.    Z,    p.    27. 

D.-rham,    54    S.    C.    349;   Murph   v.    Landrum,    7« 
S.   C.   3~. 


4  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

§  12.  All  the  net  income  to  be  derived  by  the  State  from  the  sale  or  license 
for  the  sale  of  spirituous,  malt,  vinous  and  intoxicating  liquors  and  beverages, 
not  including  so  much  thereof  as  is  now  or  may  hereafter  <be  allowed  by  law  to 
go  to  the  counties  and  municipal  corporations  of  the  State,  shall  be  applied 
annually  in  aid  of  the  supplementary  taxes  provided  for  in  the  sixth  section  of 
this  article ;  and  if  after  said  application  there  should  be  a  surplus,  it  shall  be 
devoted  to  public  school  purposes,  and  apportioned  as  the  General  Assembly 
may  determine:  Provided,  however,  That  the  said  supplementary  taxes  shall 
only  be  levied  when  the  net  income  aforesaid  from  the  sale  or  license  for  the 
sale  of  alcoholic  liquors  or  beverages  is  not  sufficient  to  meet  and  equalize 
the  deficiencies  for  which  the  said  supplementary  taxes  are  provided.6 


Done  in  Convention  in  Columbia,  on  the  fourth  day  of  December,  in 
year  of  our  Lord  one  thousand  eight  'hundred  and  ninety-five. 

JOHN  GARY  EVANS,  President  of  the  Convention. 
IEA  B.  JONES,  Vice-President  of  the  Convention. 
W.  JASPER  TALBERT,  Vice-President  of  the  Convention. 
Attest : 

S.  W.  VANCE,,  Secretary  of  the  Convention. 


the 

I 


«.     Murray   v.    Wilson    Distilling    Co.,    i3    L.    Ed.       Landrum,    76    S. 
742,  213  U.   S.   151.  C.    860. 

How   funds   must   bt  apportioned.     Set  Murph   v. 


C.    22 ;    Captrs    v.    Durham,    54    S, 


leneral  School  Law  of  South  Carolina 

1916 


TITLE  IX. 
OF  PUBLIC  INSTRUCTION. 


XXIV.  Free  Public  Schools. 


CHAPTER  XXIV. 

Free  Public  Schools. 


SEC 

16:  8. 


16  9. 

17  -0. 

17  -I. 

17  2. 


17)3. 
17  )4. 
17)5. 
17^)6. 

17)7. 

17)8. 
17)9. 

1710. 
1711. 

1712. 
1713. 
1714. 
lT14a 

1114b 
r  14c, 


State     Superintendent    of    Educa- 

tion —  His     election,     bond    and 

salary. 
Duties. 

To  report  to  General  Assembly. 
Salary  of  clerk. 
State  Treasurer  to  hold  devise    or 

bequest  to  state  for  educational 

purposes,  etc. 
Other  duties. 
Vacancy  —  How  filled. 
State  Board  of  Education. 
Meetings     of     Board  —  Compensa- 

tion. 
Advisory  Board  to  Superintendent 

of  Education  —  Powers   in   cases 

of  appeal. 

General  powers  of  Board. 
State  Board  of  Education  to  award 

certain    scholarships. 
Dates  of  competitive  examinations. 
Conditions  and  methods  of  exami- 

nations. 

Vacancies  —  How  filled. 
Requirement  as  to  scholarships. 
Normal  scholars  deposit  notes. 
.  Award  of  scholarships     in     Win- 

throp  regulated. 
.  Beneficiary  scholarships  to  Clem- 

son   to  be  awarded  —  How. 

scholarships      for 


; 


14d 

14* 

"14f. 


to     be     awarded — 


rruh 

1715. 
1716. 


7. 


1718. 


,  Beneficiary 
Clemson. 

.  Scholarships 

How. 

Scholarships  at  large. 
Age  limit. 
Board  of  Education  to  appoint. 

.  How  scholarships  to  be  paid  for 
— Term  of  scholarship. 

Enrollment  defined. 

Enrollment  in  night  schools  to  be 
counted  in  apportionment. 

County  Superintendent    of    Educa- 
tion. 

Vacancies. 

Duty  to  yiiit  schools,  etc. 


SEC. 

1720.  County    Superintendent   to    attend 

annual  settlement  of  County 
Treasurer  —  Apportionment  of 
school  funds. 

1721.  Reports  of  County  Superintendent 

— What  to  contain. 

1722.  Annual  report,  etc.,  of  County  Su- 

perintendent. 

1723.  County  to  furnish  certain  thingi. 

1724.  Report   to    County    Treasurer    all 

claims  approved. 

1725.  Register  to  be  kept. 

1726.  What  to  furnish  the  Trustees. 

1727.  Seal  of  County  Superintendent. 

1728.  Salaries     of     County     Superinten- 

dents of  Education  fixed. 

1729.  County    Board    of    Education— Of 

whom  composed,  etc. 

1730.  Duties  of  County  Board  of  Educa- 

tion. 

1731.  What  shall  be  taught. 

1732.  Physiology     and     hygeine    to     be 

taught  in  public  schools — Na- 
ture of  alcoholic  drinks  and 
narcotics. 

1733.  Text-books  relating     to     alcoholic 

drinks  and  narcotics. 

1734.  Penalty   to   enforce   provisions. 

1735.  Three  mill  tax. 

1736.  Advisory  Board  to  County  Super- 

intendent— Powers  in  case  of 
appeal. 

1737.  Meetings  and  duties     of  Board  of 

Education. 

1738.  Counties  to  be  divided  into  school 

district — by  whom,  size  of,    etc. 

1739.  Dissolution  of  school  districts     in 

adjoining  Counties. 

1740.  Board  of  Trustees. 

1741.  School  districts  made  tax  districts. 

1742.  How    school     districts    may    levy 

special  school  tax — How  col- 
lected and  paid. 

1743.  School  districts  may  issue  bonds — 

Elections. 

1744.  How  election  shall  be  held. 
1746.  Ballots. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 


SEC. 

1746.  How  bonds  shall  be  sold — Special 

tax  levy. 

1747.  How  bonds  shall  be  signed. 

1748.  Proceeds — How  disposed  of. 

1749.  How  money  shall  be  deposited. 

1750.  Special  school  districts  in  adjoin- 

ing- Counties. 

1751.  School  bonds  exempt  from    taxa- 

tion. 

1752.  Appointment  of  school  Trustees — 

Terms — Duties — Graded  Schools 
— Districts  of  five  thousand  in- 
habitants. 

1753.  Duty  of  Board  of  Trustees. 

1754.  Regular  session  of  Board  of  Trus- 

tees. 

1755.  Power  to  sell  school  property. 

1756.  Transfer  of  pupils — When  and  how 

made. 

1757.  Reports  of  teachers — How  and  to 

whom  made. 

1758.  Claims  against  fund — How  and)  by 

whom  signed. 

1759.  All  school  warrants  to  be  approved 

by  County  Superintendent  of 
Education. 

1760.  Trustees  not  to  receive     pay     as 

teachers. 

1761.  Powers     and     duties     of     School 

Trustees. 

1762.  Fund  for  public  school  bulidings. 

1763.  Additions  to  fund. 

1764.  Consolidated  districts  to  have  pref- 

erence. 

1765.  Must  comply  with  plans     of     the 

State   Board   of   Education. 

1766.  Approval  of  County  Board  neces- 

sary. 

1767.  Show  how  funds  paid  out 

1768.  Tax  returns. 

1769.  Poll  tax,  etc.,  to  be  reported. 

1770.  Poll  tax  in  the  County. 

1771.  County    Treasurer   to   report   who 

have  paid  poll  tax. 

1772.  Treasurer    to    make    monthly    re- 

ports to  County  Superintendent 
of  Education. 

1773.  Moneys — How  disbursed. 

1774.  County  Treasurer  to   make   a  re- 

port to  State  Superintendent. 

1775.  Unexpended  balances     to  be  car- 

ried forward. 

1776.  Unlawful   for   certain    officers    to 

discount  teachers'  pay  certifi- 
cates. 

1777.  Trustees   to   regulate   the     ichool 

terms — Contract  of  Trustees. 

1778.  Age  of  attendiance. 

1779.  State     and     County     Boards    and 

Trustees  exempted  from  militia 
duty. 

1780.  Mixed  schools  unlawful. 

1781.  Scholastic  year. 

1(782.  Public    schools    to    be    kept    open 
three  months. 

1783.  Appropriation    to    increase    school 

term. 

1784.  Same. 

1785.  Same. 


.tied    to 


SEC. 

1786.  Same. 

1787.  Same. 

1788.  Same. 

1789.  Same. 

1790.  Annual  capitation  tax  on  dogs. 

1792.  Acts       creating       special     graded 

schools  districts  not  repealed — 
Annual  reports — Special  tax 
and  tuition. 

1793.  Text-books     provided     at     cost — 

Funds — Depositories,  etc. 

1794.  School     Trustees     may     purchase 

books  for  certain  pupils. 

1795.  School  book  depositories. 

1796.  Fund  for  free  library. 

1797.  How  money  to  be  paid. 

1798.  Selection  of  books. 

1799.  Preservation  of  books. 

1800.  Exchange  of  libraries. 

1801.  Appropriation. 

1802.  Number    of    schools     entitlec 

benefit. 

1803.  Enlargement  of  libraries. 

1804.  Unlawful  to  use  condemned  books. 

1805.  Old   school   claims   paid. 

1806.  Officers       authorized     to     borrow 

money  to  pay  school  claims — 
Amount,  interest  and  disburse- 
ment. 

1807.  Reserve  fund  to  place  schools   on 

cash  basis. 

1808.  Reserve     fund — How     used     and 

maintained 

1809.  Students  of  public  schools  to  ob- 

serve Arbor  Day. 

1810.  South    Carolina    Day    to    be    ob- 

served. 

183  "*.  Officers  and  Trustees  of  certain 
institutions  to  report  to  State 
Superintendent. 

1812a.  Districts  may  establish  high 
school. 

1812b.  Trustees  may  establish  high 
school — Proviso. 

1812c.  Board  of  trustees. 

1812d.  High  schools  in  being  may  claim 
benefit  of  Act. 

1812e.  Powers  of  State  Board  of  Edu- 
cation. 

1812f.  Conditions  of  appropriation. 

1812g.  Special  tax  prerequisite. 

1812h.  Teacher  training  courses — Pro- 
visos. 

1812i.  Appropriation — Proviso. 

1812J.  Certain  sections  of  Code  repealed. 

1813a.  Appropriation  for  teaching  of 
agriculture. 

1813b.  How  districts  may  receive  bene- 
fits of  Act — Teacher — Duties. 

1813c.  Term  of  teacher's  service. 

1813d.  Requirements  for  schools  under 
this  Act. 

1813e.  Enrollment  of  pupils. 

1813f.  Certain  aid  may  be  sought. 

1813g.  Text  book. 

1814a.  School  attendance  required. 

1814b.  Special  cases  provided  for. 

1814d.  Certain  absences  not  unlawful. 
Duties  of  parents,  guardians, 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 


1EC. 

1814e. 
1814f. 

1814g. 


18141. 


1814J. 


1814k. 


18141. 


1814m 
1814n. 

1815a. 

1815b. 
1815c. 
1816a. 

1816b. 


superintendents,    teachers,    etc., 
in  regard  to  absences. 

Children  between  the  ages  of 
fourteen  and  sixteen  years. 

A  penalty  for  the  violation  of 
this  Act  provided  —  Notice  by 
trustees. 

Duties  of  the  board  of  trustees 
Census  —  County  Board  — 
Notice  to  parent,  etc. — Record 
Prosecution  —  May  enter  place 
of  business  —  Age  of  Child  — 
Report  —  Census  clerk  Com- 
pensation. 

Duties  of  superintendents,  prin- 
cipals and  teachers  —  Record 
of  attendance  —  Reports  — 
County  Superintendient  — When 
to  deduct  from  teachers'  sal- 
ary— Appeal. 

Duties  of  the  County  Board  of 
Education  —  Publication  of 
Act — Notice  of  opening  of 
schools. 

Adoption  of  compulsory  school 
attendance  provided  for  —  No- 
tice of  length  of  term  —  Filing 
—  Clerk  of  Court  —  County 
Board  of  Registration — County 
Superintendent  of  Education  — 
Duties  —  Election.  When  or- 
dered, managers  and  conduct 
thereof. 

Provisions  for  rules  and  regula- 
tions as  to  time,  place,  and 
hours  of  attendance  —  Ap- 
proval —  Revocation  —  County 
Superintendent  -  -  Appeal. 

No  tuition,  contingent,  matricula- 
tion, incidental  or  other  fee  al- 
lowed. 

Removal  of  trustees  from  office. 

Effective  July  1  1915. — Inconsis- 
tent Acts  repealed. 

Supplementary  reading  for  pub- 
lic schools. 

Purchase  of  books. 

Books  loaned  to  pupils. 

Annual  appropriation  to  be 
made  for  rural  schools. 

Certain  requirements  for  school 
to  be  entitled  to  share  in  $200 
appropriation. 


SEC. 

1816c.  Requirements  for  $300  appropri- 
ation. 

1816d.  Districts  prohibited. 

1816e.  May  convey  children  to  school. 

1816f.  State  Superintendent  of  Educa- 
tion may  refuse  aid. 

1816g.  Rules  and  regulations  for  distri- 
bution of  funds. 

1816h.  Applications. 

HEALTH. 

1598.  Inspection  of  schools  etc. — Water 
supply,  etc.  —  Schools  closed 
during  epidemic. 

1607.  Powers  of  school  authorities  to 
prevent  spread  of  contagious  or 
infectious  diseases. 

SPECIAL   PROVISIONS   AS   TO 
SCHOOLS  IN  CRIMINAL  CODE 

575.  A  misdemeanor  for  certain  officers 

to    discount   teachers'   pay   cer- 
tificates. 

576.  School   officers  prohibited  from  be- 

ing agent     for     school     books. 

577.  County   Superintendents   of   Educa- 

tion  to  apportion   school   funds 
monthly  among  school  districts. 

578.  Treasurer  not  to   demand   commis- 

sion on  school  funds. 

580.  Treasurer  to  keep  amount  of  poll 

tax — Penalty. 

581.  Treasurer  to  report  to  School  Com- 

missioner. 

582.  Penatly  for  neglecting      to   report 

school  funds  t*>   Superintendent 
of  Education. 

583.  Auditor  to  report  polls,  etc. — Pen- 

alty. 

585.  Exercising   office   of  examiner      or 

trustee  after  removal. 

586.  Failure  of  School  Commissioner  or 

County  Treasurer  to  keep  gen- 
eral cash  account. 

586a.  Teachers,  principals  and  superin- 
tendents required  to  file  re- 
ports. 

586b.  Report  to  County  Superintendent 
of  Education. 

R  586c.  County  Superintendents  to  file  re- 
ports with  State  Superinten- 
dent of  Education. 

H  586d.  Cancellation  of  certificates. 

1  586e.  County  Board  fund. 


8      GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

§  1698.  State  Superintendent  of  Education — His  Election,  Bond,  and 
Salary. — The  State  Superintedent  of  Education  shall  be  elected  at  each  gen- 
eral election,  in  the  same  manner  as  other  State  officers,  and  shall  enter  upon 
the  duties  of  his  office  at  the  time  prescribed  by  law.  Before  entering  upon 
the  duties  of  his  office,  he  shall  give  bond,  for  the  use  of  the  State  of  South 
Carolina,  in  the  penal  sum  of  five  thousand  ($5,000)  dollars,  with  good  and 
sufficient  sureties,  to  be  approved  by  the  Governor,  conditioned  for  the  faith- 
ful and  impartial  performance  of  the  duties  of  his  office ;  and  he  shall  also,  at 
the  time  of  giving  bond,  take  and  subscribe  the  oath  prescribed  in  Section  26 
of  Article  III  of  the  Constitution  of  the  State,  Avhich  shall  be  endorsed  upon 
the  back  of  said  bond ;  and  the  bond  shall  be  filed  with  the  Secretary  of  State, 
and  by  him  recorded,  and  when  so  recorded,  shall  be  filed  with  the  State 
Treasurer.  The  State  Superintendent  of  Education  shall  receive  as  compen- 
sation for  his  services  the  sum  of  nineteen  hundred  dollars  per  annum,,  pay- 
fib]  e  monthly  out  of  the  State  Treasury;  and  his  traveling  expenses,  not  ex- 
ceeding three  hundred  dollars,  shall  be  paid  out  of  the  State  Treasury  upon 
duly  itemized  accounts  rendered  by  him. 

Civ.  '02,  §  1174;  1896,  XXII,150;  1901,  XXIII,  750. 

§  1699.  Duties. — He  shall  have  general  supervision  over  all  the  public 
school  funds,  and  it  shall  be  his  'duty  to  visit  every  County  in  the  State 
as  often  as  practicable  for  the  purpose  of  inspecting  the  schools,  awakening 
an  interest  favorable  to  the  cause  of  education,  and  diffusing  as  widely  as 
possible,  by  public  addresses  and  personal  communications  with  school  officers, 
teachers  and  parents,  a  knowledge  of  existing  defects  and  of  desirable  im- 
provements in  the  government  and  instruction  of  the  said  schools.  He  shall 
secure,  by  and  with  the  advice  of  the  State  Board  of  Education,  uniformity 
in  the  use  of  text  books  throughout  the  free  public  schools  of  the  State,  and 
shall  forbid  the  use  of  sectarian  or  partisan  books  and  instruction  in  said 
schools.  He  shall  prepare  and  transmit  to  the  several  County  Superintendents 
of  Education,  school  registers,,  blank  certificates,  reports  and  such  other  suit- 
able blanks,,  forms  and  printed  instructions  as  may  be  necessary  to  aid  school 
officers  and  teachers  in  making  their  reports  and  carrying  into  full  effect  the 
various  provisions  of  the  school  laws  of  this  State;  and  shall  cause  the  law 
relating  to  the  free  public  schools,  with  such  rules,  regulations,  forms  and 
instructions  as  shall  be  legally  prescribed,  to  be  printed,  together  with  a  suit- 
able index,  in  pamphlet  form,  at  the  expense  of  the  State ;  and  he  shall  cause 
copies  of  the  same  to  be  transmitted  to  the  several  County  Superintendents  of 
Education  for  distribution.  He  shall  collect  in  his  office  such  school  books, 
apparatus,  maps  and  charts  as  can  be  obtained.  He  may  certify  copies  of  all 
papers  filed  in  his  office,  and  such  certified  copies  shall  be  competent  evidence 
thereof. 

Civ.  '02,  §  1175;  1896,  XXII,  150. 
/ 

Note. — The  State  Superintendent  has  general  supervision  over  all  public 
schools  and  school  funds.  Duncan  v.  Heyward,  74  S.  C.  565;  78  S.  C.  243. 
No  fees  can  be  charged  pupils  entitled  to  attend  such  schools.  Attorney  Gen- 
eral's opinion,  1903,  ,Reports  and  Resolutions,  1904,  p.  1062.  Though  such 
fees  may  be  charged  under  some  special  charter.  Atty.  General's  opinion 
1901,  Oct.  15. 

§  1700.  To  Report  to  General  Assembly.— He  shall  make  a  Report,  through 
the  Governor,  to  the  General  Assembly  at  each  regular  session  thereof  show- 
ing: 1.  The  whole  number  of  pupils  registered  in  and  the  number  enrolled 
as  hereinafter  defined  in  the  free  common  schools  of  this  State  during  the  year 
ending  the  thirtieth  day  of  the  last  preceding  June,  and  the  number  in  each 
County  registered  in  and  the  number  enrolled  as  herinafter  defined  during  the 
same  period.  2.  The  number  of  whites  and  the  number  of  colored,  of  each. 


; 

se:  ,  attenc 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  9 

attending  the  said  school^  3.  The  number  of  free  schools  in  the  State. 
4.  The  number  of  pupils  studying  each  of  the  branches  taught.  5.  The  aver- 
a^  wages  paid  to  teachers  of  each  sex,  and  to  the  principals  of  schools  and 
dc  >artments  in  said  schools.  6.  The  number  of  school  houses  erected  during 
th  year,  and  the  location,  material  and  cost  thereof.  7.  The  number  previ- 
01  -ly  erected,  and  the  material  of  their  construction,  and  their  condition  and 
\i  ue,  and  the  number  with  the  grounds  enclosed.  8.  The  Counties  in  which 
T<  ichers'  Institutes  were  hold,  and  the  number  attending  the  Institutes  in 
€8  -h  County.  9.  Such  other  statistical  information  as  he  may  deem  impor- 
ta  it,  together  with  such  plans  as  he  may  have  matured  and  the  State  Board  of 
ft  ucation  may  have  recommended  for  the  management  and  improvement 
o:  the  school  fund  and  for  the  more  perfect  organization  and  efficiency  of 
tl  j  free  public  schools.  All  State  institutions  of  higher  learning  shall  make 
at  annual  report  on  or  before  the  first  day  of  September  of  each  year  to  the 
S~  ite  Superintendent  of  Education,  embracing  a  detailed  account  of  the  op- 
01  itions  of  such  institutions,  including  the  expenditure  of  the  public  moneys 
f(  •  the  current  scholastic  year,  which  reports  the  State  Superintendent  of  Ed- 
ui  ation  shall  include  in  his  annual  report  to  the  Legislature.  All  Acts  or 
p,  rts  of  Acts  requiring  annual  reports  to  be  made  to  other  authorities  are 
h  ivby  repealed. 

Civ.  '02,  §  1176;  1896,  XXII,  150. 

Note. — As  to  erection  of  school  houses,  see  Atty.  Gen.  op.  May  12,  1916. 

§  1701.     Salary  of  Clerk.— The  sum  of  nine  hundred  dollars  shall  be  al- 
1(  \vcd  to  the  Superintendent  of  Education  for  the  purpose  of  defraying  the 
:  jx-nses  of  clerk  hire  in  his  office. 


Civ.  '02,  §  1177;  1896,  XXII,  150. 


§  1702.  State  Treasurer  to  Hold  Devise  or  Bequest  to  State  for  Educa- 
tiDnal  Purposes,  etc.— The  State  Treasurer  shall  take  and  hold  in  trust  tor 
tl  e  State  any  grant  or  devise  of  lands  and  any  gift  or  bequest  of  money  or 

•  personal  property  made  to  him  for  educational  purposes,  all  gifts  to 
.e  State  where  the  purpose  is  not  designated,  all  escheated  property,  the 
Hit  assets  or  funds  of  all  estates  or  copartnerships  in  the  hands  of  the 
C  >urts  of  the  State  where  there  have  been  no  claimants  for  the  same  within 
the  last  seventy  years,  and  other  money,  coming  into  the  Treasury  of  the  State 
b/  reason  of  the  Twelfth  Section  of  an  Act  entitled  "An  Act  to  provide  a 
ii  ode  of  distribution  of  the  moneys  as  direct  tax  from  the  citizens  of  this 
State  by  the  United  States  in  trust  to  the  State  of  South  Carolina,"  approved 
tlie  twenty-fourth  day  of  December  in  the  year  eighteen  hundred  and  ninety- 
vone,  togther  with  such  other  means  as  the  General  Assembly  may  provide. 
'.I  he  State  Treasurer  shall  from  time  to  time  invest  in  bonds  of  this  State  or 
of  the  United  States  all  such  money  in  the  name  of  the  State,  as  permanent 
State  school  fund,  and  shall  pay  out  the  income  derived  therefrom  to  the 
County  or  the  Counties  of  the  State  as  the  same  may  be  apportioned  among 
said  Counties  by  the  State  Board  of  Education:  Provided,  That  no  disposi- 
tion shall  be  made  of  any  property,  grant,  devise,  gift,  or  bequest,  inconsist- 
ent with  the  purpose,  conditions  or  terms  thereof.  For  the  faithful  manage- 
ment of  all  property  so  received  by  the  State  Treasurer, 'he  shall  be  responsi- 
ble upon  his  bond  to  the  State  as  for  other  funds  received  by  him  in  his 
official  capacity:  Provided,  however,  That  the  Trustees  of  any  school  dis- 
trict of  this  State  may  take  and  hold  in  trust  for  their  particular  school  district 
«'.ny  property  granted,  devised,  given  or  bequeathed  to  such  school  district, 
and  apply  the  same  in  interest  of  the  schools  of  their  district  in  such  manner 
Jis  in  their  judgment  seems  most  conducive  to  the  welfare  of  the  schools  when 
not .otherwise  directed  by  the  terms  of  the  grant,  devise,  gift  or  bequest: 
And  Provided,  further,  That  before  said  Trustees  shall  assume  control  of 


10  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

any  grant,  devise,  gift  or  bequest  they  shall  give  bond,  to  be  approved  by  the 
County  Board  of  Education  of  the  County  in  which  such  grant,  devise,  gift 
or  bequest  is  made,  conditioned  for  the  faithful  discharge  of  the  trust  reposed 
in  them  in  respect  to  said  property,  which  bond  shall  be  deposited  with  the 
Clerk  of  the  Court  of  said  County.  The  said  Trustees  are  hereby  invested 
with  the  care  and  custody  of  all  school  house  or  other  school  property  belong- 
ing to  their  school  districts,  with  full  power  to  control  the  same  in  such 
manner  as  they  may  think  will  best  subserve  the  interest  of  the  free  public 
schools  and  the  cause  of  education. 

Civ.  '02,  §  1178;  1896,  XXII,  150. 

§  1703.  Other  Duties.— The  State  Superintendent  of  Education  shall  dis- 
charge such  other  duties  as  may  be  provided  by  law;  and  he  shall  deliver  to 
his  successor,  within  ten  days  after  the  expiration  of  his  term  of  office,  all 
books,  papers,  documents  and  other  property  belonging  to  his  office. 

Civ.'02,  §  1179;  1896,XXII,  150. 

§_1704.  Vacancy — How  Filled. — In  case  a  vacancy  occurs  in  the  office  of 
State  Superintendent  of  Education,,  from  any  cause,  such  vacancy  shall  be 
filled  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  and 
the  person  so  appointed  shall  qualify  within  fifteen  days  from  the  date  of 
such  appointment,  or  else  the  office  shall  be  deemed  vacant.  If  the  vacancy 
occur  during  the  recess  of  the  Senate,  the  Governor  shall  fill  the  same  by 
appointment  until  the  Senate  can  act  thereon. 

Civ.'02,  §  1180;  1896,  XXII,  150. 

§  1705.  State  Board  of  Education. — The  Governor,  the  Superintendent  of 
Education,  and  seven  persons,  one  from  each  Congressional  District,  to  be 
appointed  :by  the  Governor,  who  shall  hold  office  for  four  years,  and  until 
their  successors  may  be  appointed,  unless  sooner  removed  by  the  Governor, 
shall  constitute  the  State  Board  of  Education.  Of  this  Board  the  Governor 
shall  be  ex  officio  Chairman,  and  the  State  Superintendent  of  Education  shall 
be  Secretary  of  the  Board.  The  Secretary  shall  be  custodian  of  the  records, 
papers  and  effects,  and  shall  keep  minutes  of  its  proceedings;  and  said  re- 
cords, papers  and  minutes  shall  be  kept  in  the  office  of  the  State  Superintend- 
ent of  Education  and  shall  be  open  to  inspection  by  the  public. 

Civ.  '02,  §  1181;  1896,  XXII,  150. 

§  1706.  Meetings  of  Board — Compensation. — The  said  Board  shall  meet 
on  the  call  of  its  Chairman,  or  upon  the  request  of  a  majority  of  its  members, 
at  the  office  of  the  State  Superintendent  of  Education,  or  at  such  other  place 
as  may  be  designated  in  the  call.  A  majority  of  the  Board  shall  constitute  & 
quorum  for  transacting  business.  The  official  seal  of  the  State  Superintend- 
ent of  Education  shall  be  used  for  the  authentication  of  the  acts  of  the  State 
Board.  The  members  of  the  State  Board  of  Education  appointed  by  the  Gov- 
ernor shall  receive  as  compensation  four  dollars  per  diem  and  mileage  as  is 
provided  for  members  of  the  General  Assembly,  -not  exceeding  twenty  days  in 
any  one  year. 

Civ.'02,  §   1182;   1896,  XXII,  150. 

§  1707.  Advisory  Board  to  Superintendent  of  Education — Powers  in  Cases 
of  Appeal. — The  State  Board  of  Education  shall  constitute  an  advisory  body, 
with  whom  the  State  Superintendent  of  Education  shall  have  the  right  to 
consult  when  he  is  in  doubt  as  to  his  official  duty ;  and  shall  have  the  power 
to  review  on  appeal  all  decisions  of  the  County  Boards  of  Education,  as  here- 
inafter provided  for.  Appeals  to  the  State  Board  of  Education  must  be 
made  through  the  County  Boards  of  Education,  in  writing,  and  must  dis- 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  11 

tinctly  set  forth  the  question  of  law  as  well  as  the  facts  of  the  case  upon 
which  the  appeal  is  taken,  and  the  decision  of  the  State  Board  shall  be  final 
upon  the  matter  at  issue. 

Civ.  '02,  I  1183;  1896,  XXII,  150. 

Note.  The  remedy  against  illegal  acts  of  County  Boards  of  Education  is 
by  appeal  to  the  State  Board.  Greenville  College  for  Women  v.  County  Board 
of  Education,  75  S.  C.  93.  State  v.  Daniel,  52  S.  C.  201.  Sligh  v.  Bowers, 
62  S.  C.  409.  The  appeal  operates  as  a  supersedeas.  Atty.  Gen.  op.  1905,  p  41. 
As  to  procedure  on  appeal  to  State  Board  of  Education,  see  Atty.  Gen.  op. 
June  24,  1913. 

§  1708.  The  State  Board  of  Education  shall  have  power:  1.  To 
adopt  rules  and  regulations  not  inconsistent  with  the  laws  of  the  State  for 
its  own  government  and  for  the  government  of  the  free  public  schools.  2. 

•    To  prescribe  and  enforce  rules  for  the  examination  of  teachers.     3.     To  pre- 
scribe a  standard  of  proficiency  before  County  Boards  of  Education,  whicn 
will  entitle  persons  examined  by  such  Boards  to  certificates  as  teachers.     4. 
To  prescribe  and  enforce  the  course  of  study  in  the  free  public  schools.     5. 

•  To  prescribe  and  enforce,  as  far  as  practicable,  the  use  of  a  uniform  series 
of  textbooks  in  the  free  public  schools  of  the  State;  to  enter  into  an  agree- 
ment with  the  publishers  of  the  books  prescribed,  fixing  the  time  of  prescrip- 
tion and  the  price  above  which  the  books  shall  not  be  retailed  during  the 
period  of  prescription  and  a  rate  of  discount  at  not  less  than  which  the  books 
shall  be  furnished  by  the  retail  dealers  in  this  State;  to  require  the  publish- 
ers, in  the  discretion  of  the  Board,  to  establish  in  each  county  one  or  more 
depositories  of  their  books  within  the  State,  at  such  place  or  places  as  the 
Board  may  designate,  and  where  such  books  may  be  obtained  without  delay; 
and  to  exact  of  the  publishers  a  bond  in  the  sum  of  not  more  than  five  thous- 
and dollars,  conditioned  for  the  faithful  performance  of  the  agreement,  and 
with  a  penalty  of  twenty-five  dollars  for  each  violation  of  the  agreement,  the 
form  and  execution  of  the  bond  to  be  approved  by  the  Attorney  General  of 
the  State,  which  agreement  and  bond  shall  be  deposited  with  the  State  Treas- 
urer, all  recoveries  thereon  to  go  into  the  State  treasury  for  school  purposes: 
Provided,  That  the  State  Board  of  Education  shall  not  have  power,  without 
permission  of  the  General  Assembly  of  the  State,  to  change  a  textbook  within 
five  (5)  years  from  the  date  of  its  adoption  except  for  violation  of  the  agree- 
ment entered  into  by  its  publisher  with  the  State  Board  of  Education,  for 
which  cause  it  may  be  changed  by  the  said  Board :  And  Provided,further,  That 
not  more  than  50  per  cent,  of  the  exchangeable  books  used  in  the  first,  second 

Kand  third  grades,  and  not  more  than  50  per  cent,  of  the  exchangeable  books 
used  in  the  fourth,  fifth,  sixth  and  seventh  grades,  and  not  more  than  50  per 
cent,  of  the  exchangeable  books  used  in  the  high  school  grades,  as  designated 
by  the  State  Board  of  Education,  shall  be  changed  at  any  one  adoption. 
Every  change  for  the  textbook  adopted  for  any  subject  or  grade  shall  be  based 
on  at  least  one  reason  to  be  assigned  for  the  change  by  the  State  Board  of 
Education  in  writing,  and  the  vote  of  the  Board  making  such  change  shall 
bo  recorded  in  the  minutes  of  said  Board,  and  shall  be  taken  on  a  roll  call, 
said  roll  call  to  be  recorded  in  said  minutes.  The  meetings  of  the  State 
Board  of  Education,  at  which  .textbooks  may  be  adopted,  shall  be  public; 
and  it  shall  be  unlawful  for  any  teacher  drawing  public  school  money  to  use 
any  book  not  prescribed  by  the  State  Board  of  Education  without  the  con- 
sent, in  writing,  of  said  Board.  6.  To  review  on  appeal  an  order  revoking  a 
Bounty  certificate.  7.  To  award  scholarships  created  by  the  General  Assem- 
bly in  the  institutions  of  learning  in  whole  or  in  part  supported  by  the  State. 

To  grant  State  teachers'  certificates  and  to  revoke  them  for  immoral  or 
unprofessional  conduct,  profanity  or  evident  unfitness  for  teaching. 


12  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

§  2.  Inconsistent  Acts  Repealed. — That  all  Acts  and  parts  of  Acts  inconsis- 
tent with  this  Act  are  hereby  repealed. 

Approved  the  eleventh  day  of  March,  A.  D.  1915. 

Note.  There  is  no  indication  in  this  Section  that  State  Board  of  Educa- 
tion may  not  provide  by  contract  with  publishers  of  school  text  books  to 
maintain  at  State  Capitol  a  central  wholesale  depository  from  which  its 
agencies  and  the  County  depositories  may  be  supplied  at  discount  of  not  less 
than  ten  per  cent.  Duncan  v.  State  Board,  74  S.  C.  560,  affirmed  in  78  S.  C. 
227.  As  to  teachers'  certificates,  see  Atty.  Gen.  op,  April  1,  1914.  As  to 
power  of  State  Superintendent  in  making  contracts  for  the  adoption  and 
sale  of  school  books  writhin  the  State,  see  I  Johnson  Pub.  Co.,  v.  State  Board 
of  Education,  91  S.  C.  55. 

Civil   Code   1912,   §    1708.     Amended   1914. 

§  1709.    State  Board  of  Education  to  Award  Certain  Scholarships. — The 

scholarships  provided  by  law  in  the  University  of  South  Carolina,  in  the  Clem- 
son  Agricultural  College,  in  The  Citadel,  the  Military  College  of  South  Car- 
olina, and  in  the  Winthrop  Normal  and  Industrial  College,  shall  be  awarded 
by  the  State  Board  of  Education  upon  the  recommendation  of  the  faculties  of 
the  respective  institutions,  or  of  such  committee  as  may  be  appointed  for 
that  purpose  by  the  boards  of  trustees  of  those  institutions. 
1911,  XXVII,  113. 

§  1710.  Dates  of  Competitive  Examinations. — These  recommendations 
shall  be  determined  by  competitive  examinations.  The  dates  of  these  exam- 
inations shall  be  as  follows :  For  the  University  of  South  Carolina,  and  for 
the  Clemson  Agricultural  College,  the  second  Friday  in  July  of  each  year. 
For  The  Citadel,  the  Military  College  of  South  Carolina,  the  second  Friday 
in  August  of  each  year.  For  the  Winthrop  Normal  and  Industrial  College, 
the  first  Friday  in  July  of  each  year. 

1911,  XXVII,  113. 

Note. — In  case  of  flood,  storm  or  other  extraordinary  circamstances  pre- 
venting the  holding  of  examinations  on  these  dates,  other  dates  may  be  set 
by  presidents  of  the  respective  colleges.  Atty.  Gen.  opinion,  1916. 

§  1711.  Conditions  and  Methods  of  Examinations. — The  conditions  and 
methods  of  these  examinations  shall  be  as  follows :  No  person  who,  during 
the  current  yeaj*,  has  won  or  holds  a  scholarship  at  one  State  institution  shall 
be  eligible  to  stand  an  examination  for  a  scholarship  in  any  other  State  insti- 
tution. No  applicant  for  a  scholarship  shall  be  eligible  to  stand  an  examina- 
tion for  a  scholarship  if  such  applicant  has  already  attended  the  institution 
for  which  the  scholarship  is  intended,  or  any  other  institution  of  higher  learn- 
ing known  as  college  or  university:  Provided,  That  this  condition  shall  not 
apply  where  there  is  no  other  applicant.  No  student  who  has  forfeited  a  free 
scholarship,  because  of  failure  to  maintain  himself,  shall  be  eligible  to  com- 
pete for  reappointment  at  the  same  institution,  or  appointment  in  any  other 
institution.  No  applicant  shall  be  debarred  from  any  of  these  examinations 
by  reason  of  the  fact  that  he  or  she  has  not  obtained  a  permit  to  stand.  The 
questions  for  these  examinations  shall  be  prepared  under  the  direction  of  the 
presiding  officers  of  the  several  institutions,  and  shall  be  forwarded  to  the 
respective  County  Superintendents  of  Education  ten  days  before  the  dates 
appointed  for  the  respective  examinations.  The  said  County  Superintendents 
of  Education  shall  hold  the  said  examinations  under  such  rules  as  may  be 
prescribed  by  the  respective  institutions  and  approved  by  the  State  Board  of 
Education,  and  the  County  Superintendents  of  Education  shall  forward  the 
papers  to  the  presiding  officers  of  the  several  institutions.  The  papers  shall 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  13 

be  examined  under  the  direction  of  the  presiding  officers  of  the  respective 
institutions,  and  the  faculty  of  each  institution,  or  such  committee  as  the 
board  of  trustees  thereof  may  appoint  for  that  purpose,  shall  make  recom- 
mendations as  to  the  award  of  the  scholarships  to  the  State  Board  of  Educa- 
tion. Each  institution  shall  have  the  right  to  reject  any  applicant  who,  in. 
respect  of  age,  of  examination  papers,  or  in  any  respect,  fails  to  meet  its  re- 
quirements for  admission. 

3911,  XXVII,  113. 

§  '1712.  Vacancies — How  Filled. — If  a  vacancy  shall  occur  in  a  scholarship 
for  which  there  is  no  eligible  applicant  from /the  county  to  which  that  scholar- 
ship belongs,  the  faculty  of  the  institution  in  which  that  vacancy  occurs,  or 
the  committee  to  which  this  duty  has  been  entrusted  by  the  board  of  trustees, 
may  fill  the  vacancy  by  the  appointment  of  any  applicant  from  the  State  at 
large :  Provided,  That  when  such  vacancy  is  filled  by  such  appointment  at 
large  the  scholarship  shall  again  become  vacant  at  the  end  of  the  current 
session  if  there  is  an  eligible  applicant  from  the  County  to  which  the  scholar- 
ship regularly  belongs. 

J911,  XXVII,  113. 

§  1713.  Requirement  as  to  Scholarships. — Those  receiving  scholarships 
in  the  University  of  South  Carolina  shall  be  required  to  take  the  regular 
teachers'  normal  course. 

1911,  XXVII,  113. 

§  1714.  Normal  Scholars  Deposit  Notes. — All  holders  of  normal  scholar- 
ships in  the  University  of  South  Carolina  shall  be  required  at  the  time  of  the 
receipt  of  any  scholarship  funds  by  them  to  deposit  with  the  treasurer  of  the 
University  their  notes  for  the  amount  of  scholarship  money  received,  promis- 
ing to  repay  such  money  to  the  State  Treasurer  at  or  before  the  expiration 
of  eight  years  after  date  of  such  receipt,  which  notes  and  promises  shall  be 
cancelled  on  presentation  to  the  dean  of  the  department  of  education  of  satis- 
factory evidence  of  the  promissors'  having  taught  school  in  South  Carolina 
for  two  years  after  leaving  the  institution. 

1911,  XXVII,  113. 

§  1714a.  Award  of  Scholarships  in  Winthrop  Regulated. — After  the  ap- 
proval of  this  Act,  in  counties  to  which  less  than  four  free  scholarships  in 
Winthrop  College  are  apportioned,  at  least  one  such  scholarship  shall  be 
open  exclusively  to  applicants  from  rural  communities,  and  in  counties  bav- 
in u  more  than  four  such  scholarships  at  least  two  shall  be  open  exclusively  to 
applicants  from  rural  communities :  Provided,  That  nothing  herein  contained 
shall  prevent  applicants  from  rural  communities  from  contesting  for  any 
such  scholarships :  Provided,  The  said  applicants  from  rural  communities 
make  the  required  entrance  examination  average  ;  if  they  do  not,  then  the 
r.ward  of  the  scholarship  shall  revert  to  such  other  applicant  or  applicants 
who  make  the  required  average. 

1912,  XXVII,  685. 

§  1714b.    Beneficiary  Scholarships  to  Clemson  to  Be  Awarded— How.— The 

beneficiary  scholarships  in  Clemson  Agricultural  and  Mechanical  College  as 
now  apportioned  among  the  several  counties  shall  be  awarded  as  hereinafter 
provided,  to  wit:  In  counties  having  less  than  four  such  scholarships,  one 
shall  be  open  exclusively  to  boys  from  rural  communities,  and  in  counties 
having  four  or  more  such  scholarships,  at  least  two  thereof  shall  be  open  ex- 
clusively to  boys  from  rural  communities:  Provided,  That  nothing  herein 


14  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

shall  exclude  boys  residing  in  rural  communities  from  also  contesting  for  any 
of  such  scholarships. 

1912,  XXVII,  685. 

§  1714c.  Beneficiary  Scholarships  for  Clemson. — There  are  hereby  estab- 
lished and  created  fifty-one  beneficiary  agricultural  scholarships  in  the  Clem- 
son  Agricultural  College  of  South  Carolina,  said  scholarships  to  be  of  the 
value  of  $100.00  per  annum,  and  free  tuition,  and  to  be  awarded  so  that  there 
shall  be  one  scholarship  to  each  county,  and  seven  scholarships  from  the  State 
at  large. 

1912,  XXVII,  686. 

§_1714d.  Scholarships  to  Be  Awarded — How. — The  said  scholarships  shall 
be  awarded  as  a  prize  for  meritorious  agricultural  achievement  under  the  fol- 
lowing conditions:  On  or  before  July  1st,  the  County  Executive  Committee 
or  other  governing  Board  of  the  most  representative  and  well  organized  ag- 
ricultural association  or  society  or  organization  of  farmers  in  the  county  as 
determined  from  time  to  time  by  the  Board  of  Trustees  of  Clemson  Agricul- 
tural College,  shall  recommend  to  the  President  of  the  said  Clemson  Agricul- 
tural College,  in  order  of  merit,  three  or  more  young  men  who  have  done 
creditable  work  of  an  agricultural  nature,  giving  an  explicit  statement  of  the 
work  done  by  each.  The  young  men  thus  recommended  shall  be  notified  by 
the  President  of  the  College  and  shall  stand  examination  at  the  county  seat 
at  the  same  time  and  under  the  same  conditions  as  other  scholarship  appli- 
cants; except  that  no  certificate  of  financial  inability  shall  be  required.  In 
the  event  of  there  being  no  such  agricultural  association  or  society,  or  organ- 
ization of  farmers  in  any  particular  county,  the  Director  of  the  Agricultural 
Department  of  the  said  Clemson  Agricultural  College  shall  solicit  opinions 
from  three  or  more  representative  farmers  in  the  said  county,  and  from  these 
recommendations  prepare  a  list  which  shall  be  submitted  to  the  President  of 
the  College  in  lieu  of  the  recommendation  of  the  said  Executive  Committee  or 
other  governing  Board  of  such  agricultural  association,  society,  or  organiza- 
tion of  farmers. 

1912,  XXVII,  686. 

§  1714e.  Scholarships  at  Large. — Recommendations  for  the  seven  scholar- 
ships at  large  shall  be  made  in  every  way  as  for  the  county  scholarships,  ex- 
cept that  the  Executive  Committee  or  other  governing  Board  of  the  most 
representative  and  well  recognized  association  or  society  or  organization  of 
farmers  in  the  State  at  large  as  determined  from  time  to  time  by  the  Board  of 
Trustees  of  Clemson  Agricultural  College  shall  act  instead  of  the  County  Ex- 
ecutive Committee  pr  other  governing  Board  hereinbefore  mentioned  in  Sec- 
tion 1714d. 

1912,  XXVII,  686. 

§_1714f.  Age  Limit.— Any  student  as  above  recommended  for  meritorious 
agricultural  service,  shall,  as  a  prerequisite  to  admission  to  the  Clemson  Ag- 
ricultural College,  be  of  such  age  as  is  fixed  by  the  Board  of  Trustees  for  ad- 
mission of  other  students,  and  shall  have  passed  the  entrance  examinations  as 
required  of  other  beneficiary  scholarship  students. 

1912,  XXVII,  686. 

§  1714g.  Board  of  Education  to  Appoint.— The  Faculty  of  the  said  Clem- 
son Agricultural  College,  or  committee  designated  by  the  Board  of  Trustees 
for  that  purpose,  shall  recommend  to  the  State  Board  of  Education  for  ap- 
pointed to  the  scholarship,  one  of  the  young  men  on  the  list  of  those  recom- 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  15 


m  tided  who  has  successfully  passed   the     examination,     and   is   otherwise 
•qu  ilified. 

912,  XXVII,  686. 

1714h.  How  Scholarships  to  Be  Paid  for— Term  of  Scholarship.— The  said 
sc  idarships  shall  be  paid  from  the  income  of  the  said  Clemscm.  Agricultural 
C«  liege  as  now  provided  by  law,  and  each  shall  continue  for  a  term  not  ex- 
ec ding  one  year ;  or  for  such  length  of  time  as  the  beneficiary  shall  be  able  to 
m  intain  himself  as  a  student  of  the  college,,  and  the  said  sum  of  $100.00  per 
ai  :ium  shall  be  placed  to  the  credit  of  each  beneficiary,  and  applied  to  the 
p;  yment  of  his  board  and  other  necessary  expenses. 

.912,  XXVII,  686. 

§  1715.  Enrollment  Defined. — No  child  shall  be  counted  in  the  enrollment 
HJ  >re  than  once,  nor  in  more  than  one  school  district  in  any  one  school  year, 
ai  d  the  school. officer  charged  with  the  duty  of  enrollment  willfully  violating 
t>  is  provision  shall  be  guilty  of  a  misdemeanor.  The  teacher  or  principal  of 
CA  ery  school  shall  keep  and  furnish  annually  to  the  Trustees  of  the  school  dis- 
tr  ct  a  list  of  all  pupils  that  have  attended  the  school  during  the  preceding 
sc  nolastic  year,  showing  the  names  of  the  pupils,  their  respective  places  of 
r(  sidence  and  the  number  of  days  each  pupil  has  attended,  which  list  shall  be 
c(  rtified  to  the  County  Board  of  Education  by  said  Trustees  on  or  before  the 
If  t  day  of  August  in  every  year. 

Civ.  '02,  §  1185;  1896.  XXII,  150. 

§  1716.    Enrollment  in  Night  Schools  to  Be  Counted  in  Apportionment.— 

Vhenever  any  children  of  school  age,  as  provided  by  law,  shall  attend  a  pub- 
li :  night  school  for  twenty  nights  in  any  scholastic  year,  they  shall  be  deemed 
enrolled  and  their  names  shall  be  used  by  the  County  Boards  of  Education  in 
kincr  apportionments  just  as  if  they  had  attended  day  school  ten  days,  as 
p  -ovided  by  law :  Provided,  That  the  said  night  schools  shall  be  taught  by 
t<  achers  qualified  by  law  to  teach  in  the  public  schools  of  tile  State :  And  Pro- 
v  ded,  also,  That  the  course  of  study  shall  be  the  course  approved  by  the  State 
Board  of  Education  for  use  in  the  public  schools  of  the  State. 

The  same  children  shall  not  be  counted  twice  in  making  up  the  enrollment 
o:!  a  school  district. 

1905,  XXIV,  960. 

§  1717.  County  Superintendent  of  Education  —  Election  —  Term  — 
lond— To  Qualify  Immediately— Failure  in  Thirty  Days  Creates  Vacancy— 
Act  Not  to  Apply  to  Bamberg,  Saluda  and  Berkeley— Not  to  Affect  Superin- 
tendents Now  in  Office.— There  shall  be  elected  by  the  qualified  electors  of 
fio  county,  a  County  Superintendent  of  Education  for  each  county,  who  shall 
1)  old  his  offioo  for  a  torm  of  four  years  and  until  his  successor  is  elected  and 
qualified.  Ho  shall,  before  being  commissioned  and  entering  apon  the  duties 
cf  his  office,  give  bond  to  the  State,  for  tho  use  of  the  county  in  which  he  is 
elected,  for  educational  purposes,  in  tho  ponal  sum  of  one  thousand  dollars, 
^ith  good  and  sufficient  sureties,  to  be  approved  by  the  County  Board  of 
Commissioners,  conditioned  for  the  faithful  and  impartial  discharge  of  the 
<  uties  of  his  office;  and  shall  take  and  subscribe  the  oath  of  office  prescribed 
in  Section  26,  Article  III  of  the  Constitution  of  this  State,  which  he  shall 
f:le  in  the  office  of  tho  Secretary  of  State.  Whon  commissioned,  he  shall  im- 
raediately  ontor  upon  tho  discharge  of  his  duties.  His  failure  to  qualify  with- 
in thirty  days  aftor  notice  of  his  election  shall  croato  a  vacancy:  Provided, 
That  in  any  county  whero  the  torm  of  office  of  the  County  Superintendent  of 
-Mucation  now  expires  in  January  such  torm  is  hereby  extended  to  July  first 
following  such  expiration :  And  Provided,  further,  That  the  term  of  office  of 


16  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

the  County  Superintendent  of  Education  shall  run  from  July  first  throughout 
four  consecutive  scholastic  years  in  each  county:  Provided,  The  provisions 
of  this  Act  shall  not  apply  to; the  counties  of  Bamberg  and  Saluda :  Provided 
The  provisions  of  this  act  shall  not  apply  to  Berkeley  county,  but  the  term  of 
office  for  the  County  Superintendent  of  Education  for  Berkeley  county  shall 
remain  two  years :  Provided,  That  this  Act  shall  not  be  construed  to  extend 
to  four  years  the  term  of  office  of  any  Superintendent  already  elected  for 
two  years. 

§_2.     Inconsistent  Acts  Repealed. — All  Acts  and  parts  of  Acts  inconsistenc 
with  this  Act  be,  and  the  same  are  hereby,  repealed. 
Approved  the  eleventh  day  of  March,  A.  D.  1915. 

Note.  County  Superintendent  of  Education.  Removal  from  office  for  mis- 
conduct, see  Atty.  Gen.  op.  Jan.  25,  1915.  Vacancy  in  office  of  County  Su- 
perintendent,, see  Atty.  Gen.  op.  Feb.  19,  1915. 

§  1718.     Vacancies. — The  State  Board  of  Education  shall  fill  all  vacancies 
in  the  office  of  County  Superintendent  of  Education  for  the  unexpired  term. 
Note.     See  Atty.  Gen.  op.  Dec.  22,  1915. 

§  1719.  Duty  to  Visit  Schools,  etc.— It  shall  be  the  duty  of  each  County 
Superintendent  of  Education  to  visit  the  schools  in  his  County  at  least  once 
in  each  year,  and  oftener  if  practicable,  andsto  note  the  course  and  method 
of  instruction  and  the  branches  taught,  and  to  give  such  recommendation  in 
the  art  of  teaching  and  the  method  thereof  in  each  school  as  shall  be  neces- 
sary, so  that  uniformity  in  the  course  of  studies  and  method  of  instruction 
employed  shall  be  secured  as  far  as  practicable  in  the  schools  of  the  several 
grades,  respectively.  He  shall  acquaint  himself  as  far  as  practicable  with  the 
character  and  condition  of  each  school,  noting  any  deficiencies  that  may  ex- 
ist, either  in  the  government  of  the  school  or  the  classification  of  its  pupils  or 
the  method  of  instruction  employed  in  the  several  branches,  and  shall  make 
such  suggestions  in  private  to  the  teachers  as  to  him  shall  appear  necessary 
to  the  good  order  of  the  school '  and  the  progress  of  the  pupils.  He  shall  note 
the  character  and  condition  of  the  school  houses,  the  sufficiency  or  insuffi- 
ciency of  the  furniture,  and  shall  make  such  suggestions  to  the  several  Boards 
of  Trustees  as  in  his  opinion  shall  seem  conducive  to  the  comfort  and  pro- 
gress of  the  several  schools.  It  shall  be  the  duty  of  each  County  Superinten- 
dent of  Education  to  aid  the  teachers  in  all  proper  efforts  to  improve  them- 
selves in  their  profession.  For  this  purpose  he  shall  encourage  the  formation 
of  association  of  teachers  for  common  improvement  and  conduct  teachers' 
institutes.  He  shall  attend  the  meetings  of  such  associations  and  give  such 
advice  and  instruction  in  regard  to  their  conduct  and  management  as  in  hi* 
judgment  will  contribute  to  their  greater  efficiency. 

Civ.  '02  §  1188;  1896,  XXII,  150. 

§  1720.  County  Superintendent  to  Attend  Annual  Settlement  of  County 
Treasurer — Apportionment  of  School  Funds. — The  County  Superintendent  of 
Education  shall  attend  the  annual  settlement  of  the  County  Treasurer  with 
the  Comptroller-General.  Within  ten  days  after  the  County  Treasurer  makes 
his  monthly  report  to  the  County  Superintendent  of  Education,  showing  the 
amount  of  money  collected  by  him  since  his  last  monthly  report,  it  shall  be 
the  duty  of  the  County  Superintendent  of  Education  to  apportion  the  money 
arising  from  a  tax  on  property  as  shown  by  the  Treasurer's  report  among  the 
school  districts  ^of  his  County,  and  to  certify  such  apportionment  to  the 
County  Treasurer,  together  with  the  poll  tax  belonging  to  each  district  as 
shown  by  said  report;  and  it  shall  be  the  duty  of  the  County  Treasurer  to 
enter  upon  his  book  to  the  credit  of  each  school  district  the  amount  due  each 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  17 

<  istrict  according  to  such  certificate  of  apportionment,,  and  the  County  Treas- 
i-rer  shall  pay  out  the  money  belonging  to  the  respective  districts,  upon  the 
^hool  warrants  of  such  districts,  duly  signed  and  countersigned  by  the 
s  -hool  authorities,  for  that  scholastic  year  in  the  order  of  their  presentation  • 
1  rovided,  That  there  be  no  outstanding  claims  of  the  previous  scholastic  year, 
.  .'id  the  Comptroller-General  shall  receive  the  warrants  thus  paid  as  proper 
ouchers  in  the  hands  of  the  County  Treasurer. 

Civ.  '02  §  1189;  1896,  XXII,  150,  1898  XXII  761. 

Note.     See  Crim.  Code  for  penalty  for  violation  of  this  section. 

§  1721.  Reports  of  County  Superintendent — What  to  Contain. — The  an- 
ual  report  of  the  County  Superintendent  of  Education  shall  contain  the  com- 
•iete  statistics  of  all  schools  within  his  County  supported  in  whole  or  in  part 
rom  the  public  funds,  as  may  be  required  of  him  by  the  State  Superintendent 
f  Education. 

Civ.  '02  §  1190,  1896,  XXII,  150. 

§_1722.  Annual  Report,  etc.,  of  XJounty  Superintendent. — The  County 
Superintendent  erf  Education  shall  make  an  annual  report  of  all  claims  filed, 
indited  and  allowed  and  ordered  paid  by  him  during  each  fiscal  year  to  the 
jresiding  Judge  at  the  third  term  of  the  Court  of  General  Sessions  for  his 
bounty,  which  shall  be  held  after  the  first  day  of  January  in  each  year,  to  be 
submitted  by  said  Judge  to  the  Grand  Jury  for  their  examination.  After 
examination,  the  Grand  Jury  shall  report  thereon  to  the  presiding  Judge  any 
natter  growing  out  of  or  pertaining  to  said  annual  report  which  to  them  may 
seem  worthy  of  the  attention  of  the  Court.  The  said  report  shall  thereupon 
be  filed  by  the  Clerk  of  said  Court,  and  kept  as  papers  of  said  Court,  for  in- 
spection by  any  citizen  desirous  of  examining  the  same, 
'iv.  '02  §  1191,  1896,  XXII,  158,  1897  XXII,  509. 


§  1723.  County  to  Furnish  Certain  Things.— The  County  Board  of  Com- 
missioners of  each  County  are  authorized  and  required  to  furnish  the  County 
~  >ard  of  Education  of  their  County  with  a  comfortable  and  convenient  office 

d  suitable  office  furniture,  and  to  supply  said  office  with  fuel,  \lights,  sta- 

meiy,  postage  and  such  other  incidentals  as  ape  necessary  to  the  proper 

ansaction  of  the  the  legitimate  business  of  his  office. 

Civ.  '02  §  1192,  1896  XXII,  158. 

§  1724.  Report  to  County  Treasurer  All  Claims  Approved.— It  shall  be 
the  duty  of  the  County  Superintendent  of  Education,  on  or  before  the  fifteenth 
day  of  July  in  each  year,  to  report  to  the  County  Treasurer,  by  school  dis- 
tricts, all  school  claims  approved  by  him  for  the  school  year  last  preceding, 
and  the  County  Treasurer  shall  thereupon  close  the  school  accounts  for  that 
year,  carrying  over  any  balance  to  the  credit  of  each  school  district  of  the  then 
current  fiscal  year. 

r.  '02,  §  1193;  1896,  XXII,  158. 

§  1725.  Register  to  Be  Kept.— The  County  Superintendent  of  Education 
hall  keep  a  register  of  all  claims  approved  by  him  and  of  such  other  matters 
as  the  State  Superintendent  of  Education  shall  require  of  him,  and  in  the 
form  prescribed  by  the  State  Superintendent. 

Civ.  '02  §  1194,  1896,  XXII,  158. 

§  1726.  What  to  Furnish  the  Trustees.— The  County  Superintendent  of 
Education  shall  furnish  the  School  Trustees  of  his  County  with  copies  of  the 
reports  made  to  him  by  the  County  Auditor  and  County  Treasurer  as  to  the 


18  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

persons  listed  and  paying  poll  tax,  and  shall  aid  the  Trustees  in  making  all 
proper  corrections. 

Civ.  '02,  §  1195;  1896,  XXII,  158. 

§  1727.  Seal  of  County  Superintendent. — The  County  Superintendents  of 
Education  shall  keep  in  their  office  a  die,  in  a  circular  form,  upon  the  centre  of 
which  shall  be  engraved,  in  capital  letters,  the  word  "seal,"  and  on  the  cir- 
conference  the  proper  words  indicating  the  office,  which  shall  be  regarded  as 
the  seal  of  the  office,  and  which  the  County  Superintendent  of  Education 
shall  be  required  to  impress  upon  all  papers  issued  from  his  office,  and  affix 
his  name  to  such  paper.  And  it  shall  be  the  duty  of  the  County  Board  of 
Commissioners  in  each  County  to  furnish  the  County  Superintendent  of 
Education  of  their  respective  Counties  with  such  seal. 

Civ.  '02,  §  1196;  1896,  XXII,  158. 

Note.  It  is  not  necessary  that  claims  approved  by  him  be  also  under  his 
official  seal.  State  v.  Morton,  51  S.  C.  223. 

§  1728.    Salaries   of   Oounty  Superintendents   of  Education  Fixed.— iLn 

Abbeville,  Marlboro,  Chester,  Lexington,  Union  and  York  Counties  they  shall 
receive  annually,  in  addition  to  the  salaries  provided,  one  hundred  dollars, 
and  in  Laurens  County,  fifty  dollars,  for  traveling  expenses;  in  every  other 
County  of  the  State  they  shall  receive  annually  in  addition  to  their  salaries 
such  sum  as  may  be  necessary  to  pay  actual  expenses  incurred  by  them  in 
attending  meetings  called  for  the  purpose  of  advancing  the  educational  inter- 
ests, and  for  the  purpose  of  visiting  schools  in  other  Counties  in  order  to  be- 
come familiar  with  their  management  and  mode  of  teaching:  Provided, 
That  no  such  account  shall  be  approved  in  favor  of  any  County  Superintend- 
ent of  Education  until  such  Superintendent  of  Education  shall  have  furnished 
the  County  Board  of  Education  with  an  itemized  statement,  under  oath,  of 
the  expenses  incurred:  And  provided,  further,  That  in  no  case  shall  the  ex- 
penses exceed  one  hundred  dollars  to  be  paid  on  the  warrant  of  the  County 
Board  of  Education.  His  claim  for  service  and  expenses  shall  be  presented 
in  the  form  of  an  account  against  the  County  Board  of  Education,  and  shall 
be  verified  by  affidavit  to  the  effect  that  said  account  is  just  and  true;  that 
the  service  therein  named  was  honestly  and  faithfully  rendered,  and  that  the 
sum  therein  claimed  is  rightfully  due  and  remains  unpaid.  "When  said  ac- 
count shall  have  been  duly  audited  and  approved  by  the  County  Board  of 
Education,  it  shall  be  filed  with  the  County  Treasurer,  who  shall  pay  the  same 
ratably  out  of  the  funds  apportioned  to  the  several  school  districts  in  pro- 
portion to  the  average  number  of  children  attending  the  free  public  schools 
in  each  school  district. 

Civ.  '02,  §  1198;  1883,  XXIII,  535;  1891,  XX,  1114;  1391,  1268;  1893,  XXI,  492;  1899, 
XXIII,  1057;  1905,  XXIV,  836. 

Note.— The  Act  of  1899,  Sec.  1197,  held  not  to  repeal  Sec.  1057,  of  the 
Rev.  Stats.  1893,  contained  in  this  Section.  Houser  v.  Orangeburg  County, 
59  S.  C.  265.  As  to  employment  of  assistants  for  County  Superintendent  of 
Education,  see  Atty.  Gen.  op.  June  4,  1904,  and  May  30,  1916. 

§  1729.  County  Board  of  Education— Of  Whom  Composed,  Etc.— There 
shall  be  a  County  Board  of  Education  in  each  County,  composed  of  three 
members,  one  of  whom  shall  be  the  County  Superintendent  of  Education,  and 
the  other  two  shall  be  appointed  by  the  State  Board  of  Education,  at  its  reg- 
ular meeting  in  April,  1897,  and  every  two  years  thereafter,  who  shall  hold 
their  office  for  a  term  of  two  years  from  the  time  of  their  appointment  a*id 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  19 


until  their  successors  shall  be  appointed  and  qualified,  unless  sooner  removed 
by  t   e  State  Board  of  Education. 
*Ch     '02,  §   1199;   1897,  XXII,  516. 

N(  De.     Two  are  a  quorum  and  can  act.     See  Atty.  Gen.  op.  1906. 

§  730.  Duties  of  County  Board  of  Education. — The  County  Board  of 
Edu  ation  shall  examine  all  candidates  for  the  position  of  teacher,  and  give  to 
each  person  found  qualified  a  certificate  setting  forth  the  branches  of  learn- 
ing ie  or  she  may  be  capable  of  teaching,  and  the  percentages  attained  in 
each  branch,  said  certificate  to  be  valid  for  a  term  of  two  years,  unless  sooner 
re\(  cod,  and  it  may  be  renewed  with  or  without  examination,  at  the  discre- 
tion of  the  board,  all  of  which  shall  be  done  under  such  regulations  as  the 
Stat  j  Board  of  Education  may  prescribe.  No  teacher  shall  be  employed  in 
any  Df  the  free  public  schools  without  a  certificate  from  the  County  Board  of 
Kdu  nation  or  the  State  Board  of  Education :  Provided,  That  no  examination 
as  it  the  qualification  shall  be  made  in  the  case  of  any  applicant  who  produces 
a  fi  11  diploma  from  any  chartered  college  or  university  of  this  State,  or 
Mer  minger  Normal  School  of  Charleston,  and  furnish  satisfactory  evidence 
of  f.  ood  moral  character :  Provided,  further,  That  the  State  Board  of  Edu- 
cati  >n  shall  examine  into  the  curriculum,  standing,  faculty  and  equipment 
of  (  ich  institution,  and  see  that  it  is  doing  real  college  work,  before  certifi- 
cate *  may  be  issued  on  its  diplomas.  The  two  members  of  the  board  ap- 
poir  ted  by  the  State  Board  of  Education  shall  receive  for  the  services  ren- 
der* d  by  them  compensation  at  the  rate  of  three  dollars  per  diem  for  not 
exc<  eding  seven  days,  except  in  the  counties  of  Greenville  and  Orangeburg, 
Avlu  re  the  number  of  days  shall  not  exceed  twenty,  and  in  the  counties  of 
Bar  iwell,  Dorchester,  York  and  Hampton,  where  the  number  of  days  shall  be 
ten,  if  so  much  be  necessary,  in  each  year,  and  mileage  of  five  cents  for 
each  mile  of  necessary  travel,  the  same  to  be  paid  by  the  County  Board  of 
Commissioners  out  of  the  ordinary  county  funds. 

Civ.  '02,  If  1200;  1897,  XXII,  516;  1903,  XXIV,  1084;  1906,  XXV,  37;  1908,  XXV,  1161; 
190<,  XXVI,  73;  1910,  XXVI,  740;  1911,  XXVII,  116. 

Note. — As  to  teacher's  certificates,  see  Atty.  Gen.  op.  April,  1,  1914!  Ex 
par  re,  Greenville  College,  75  S.  C.  93.  Teachers  without  certificate  cannot 
draw  pay.  Atty.  Gen.  op.  1906. 

§.  1731.  What  Shall  be  Taught.— It  shall  be  the  duty  of  the  County  Board 
of  Education  and  the  Boards  of  Trustees  hereinafter  provided  for  to  see  that 
in  >very  school  under  their  care  there  shall  be  taught,  as  far  as  practicable, 
ort  lopraphy,  reading,  writing,  arithmetic,  geography,  English  grammar,  the 
elenents  of  agriculture,  history  of  the  United  States  and  this  State,  the 
principles  of  the  Constitution  of  the  United  States  and  this  State,  morals 
and  good  behavior,  algebra,  physiology  and  hygiene,  and  especially  as  to  the 
jff'icts  of  alcoholic  liquors  and  narcotics  upon  the  human  system,  English 
lit<  rature,  and  such  other  branches  as  the  State  Board  may  from  time  to  time 
direct. 

Civ.  '02,  §  1201;  1896,  XXII,  161. 

ii  1732.  Physiology  and  Hygiene  to  Be  Taught  in  Public  Schools— Na- 
ture of  Alcoholic  Drinks  and  Narcotics. — The  nature  of  alcoholic  drinks  and 
narcotics  and  special  instruction  as  to  their  effect  upon  the  human  system, 
in  connection  with  the  several  divisions  of  the  subject  of  Physiology  and 
Hygiene,  shall  be  included  in  the  branches  of  study  taught  in  common  or  pub- 
lic schools  in  the  State  of  South  Carolina,  and  shall  be  studied  and  taught 
as  thoroughly  and  in  the  same  manner  as  other  like  required  branches  are  in 
*a:d  schools,  by  the  use  of  text-books  in  the  hands  of  pupils  where  other 


20  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

branches  are  thus  studied  in  said  schools,  and  orally  in  the  case  of  pupils 
unable  to  read,,  and  shall  be  taught  by  all  teachers  and  studied  by  all  pu- 
pils in  all  said  schools  supported  wholly  or  in  part  by  public  money. 

1908,  XXV,  1054. 

§  1733.    Text-Books — Relating  to  Alcoholic  Drinks  and  Narcotics. — The 

text-books  used  for  the  instruction  required  to  be  given  by  the  preceding 
Section  in  primary  and  intermediate  grades,  shall  give  at  least  one-fourth  of 
their  space  to  the  consideration  of  the  nature  and  effects  of  alcoholic  drinks 
and  narcotics,  and  the  books  used  in  the  highest  grade  of  graded  schools  shall 
contain  at  least  twenty  pages  of  matter  relating  to  this  matter. 

1908,  XXV,  1054. 

§  1734.  Penalty  to  Enforce  Provisions. — It  shall  be  the  duty  of  the  proper 
officers  in  control  of  any  school  described  in  the  foregoing  Section  to  enforce 
the  provisions  of  the  last  two  Sections;  and  any  such  officer,  school  director, 
committee,  superintendent  or  teacher  who  shall  refuse  or  neglect  to  comply 
with  the  requirements  of  the  last  two  Sections,  or  shall  neglect  or  fail  to 
make  proper  provisions  for  the  instruction  required  and  in  the  manner  speci- 
fied by  Section  1732,  for  all  pupils  in  each  and  every  school  under  his  juris- 
diction, shall  be  removed  from  office  and  the  vacancy  filled  as  in  other  cases. 

1908,  XXV,  1054. 

§  1735.  Three  Mill  Tax.— The  County  Board  of  Education  of  the  several 
Counties  of  this  State,  or  such  officer  or  officers  as  may  be  vested  with  the 
same  or  similar  powers  or  duties  shall  levy  an  annual  tax  of  three  mi^s  on  the 
dollar  upon  all  the  taxable  property  in  their  respective  Counties,  which  tax 
shall  be  collected  at  the  same  time  and  by  the  same  officers  as  the  other  taxes 
for  the  same  year,  and  shall  be  held  in  the  County  treasury  of  the  respective 
Counties,  and  on  the  first  day  of  July  of  each  year,  or  as  soon  as  practicable 
thereafter,  the  said  fund  shall  be  apportioned  by  the  said  County  Boards  res- 
pectively among  the  school  districts  of  their  respective  Counties  in  proportion 
to  the  number  of  pupils  enrolled  in  the  public  schools  of  such  school  districts, 
and  the  said  County  Boards  shall  ascertain  the  amount  of  poll  taxes  collected 
in  and  for  each  school  district  of  their  respective  Counties,  and  shall  notify 
the  County  Treasurer  and  the  trustees  of  each  school  district  of  the  amount 
of  poll  taxes,  as  well  as  of  the  amount  of  the  aforesaid  fund  apportioned  by 
them  to  each  school  district. 

How  School  Funds  are  Distributed  and  Expended. — The  school  funds  of 
each  district  shall  be  distributed  and  expended  by  the  Board  of  Trustees  for 
the  best  interests  of  the  school  district,  according  to  the  judgment  of  the 
Board  of  Trustees,  on  their  warrant  approved  by  the  County  Superintendent 
of  Education.  For  the  purpose  of  said  apportionment  pupils  shall  not  bf 
deemed  enrolled  until  after  an  attendance  of  at  least  ten  days  during  the* 
preceding  scholastic  year. 

Civ.  '02,  §  1202;  1896,  XXII,  161. 

Note.  Mandamus  will  not  issue  to  compel  approval  of  warrant  where  tho 
funds  in  the  treasury  are  insufficient  to  pay  it.  Williams  v.  Hires,  51  S.  C. 
338.  Bryson  v.  Daniels,  52  S.  C.  201.  The  power  of  the  County  Superin- 
tendent is  also  discretionary  and  mandamus,  therefore  is  not  the  proper 
remedy;  the  remedy  is  given  in  the  next  Section.  State  v.  Hires,  see  Const. 
1895,  Art.  XI,  Sec.  6.  As  to  expenditure  of  school  funds,  see  Atty.  Gen.  op. 
May  27,  1913. 

§  1736.     Advisory  Board  to  County  Superintendent — Powers  in  Case  oi 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  21 


Appe  J. — The  County  Board  of  Education  shall  constitute  an  advisory  body 
•with  whom  the  County  Superintendent  of  Education  shall  ha\e  the  right  to 
cons!  tt  when  he  is  in  doubt  as  to  his  official  duty,  and  also  a  tribunal  for  de- 
term  ling  any  matter  of  local  controversy  in  reference  to  the  construction  or 
admi  dstration  of  the  school  laws,  with  the  power  to  summon  witnesses  and 
take  -estimony  if  necessary,  and  when  they  have  made  a  decision  said  decision 
shall  be  binding  upon  the  parties  to  the  controversy :  Provided,  That  either 
of  tl  ;  parties  shall  have  the  right  to  appeal  to  the  State  Board  of  Education, 
and  aid  appeal  shall  be  made  through  the  County  Board  of  Education,  in 
writ  ig,  and  shall  distinctly  set  forth  the  question  in  dispute,  the  decision  of 
the  -'ounty  Board  and  the  testimony  as  agreed  upon  by  the  parties  to  the 
cont  oversy,  or,  if  they  fail  to  agree,  upon  the  testimony  as  reported  by  the 
Coin  ty  Board.' 

Ch     '02,   8   1203;   1896,  XXII,   161. 

N<  te.  It  is  clear  that  the  action  of  a  Board  of  Trustees  is  subject  to  super- 
visic  i  and  orders  of  the  County  Board  of  Education.  State  v.  Daniel,  52 
S.  C  201.  An  appeal  lies  from  the  County  to  State  Board.  Williams  v. 
Hire  >,  51  S.  C.  388.  And  when  taken  acts  as  a  supersedeas.  Atty.  Gen.  op. 
190c  p.  41.  A  County  Board  of  Education  cannot  enter  into  a  contract  with 
the  Soard  of  an  adjoining  county  for  the  joint  conduct  of  a  school,  which  will 
bine  the  successors  of  the  respective  districts.  Rouse  v.  Benton,  100  S.  C. 
150.  Williams  v.  Hires,  51  S.  C.  388,  action  by  school  teacher  for  damages 
for  >reach  of  contract  to  teach  school  is  not  "matter  of  local  controversy  in 
ref e -ence  to  construction  or  administration  of  school  law."  Hughes  v. 
School  District  66  S.  C.  259.  Mandamus  to  require  County  Board  of  Edu- 
cation to  issue  teacher's  certificate  to  graduate  of  Greenville  College  for  Wo- 
men on  its  diploma  is  not  proper  remedy,  but  appeal  to  State  Board  of  Ed- 
ucaiion.  Ex  parte,  Greenville  College,  75  S.  C.  93. 

§  1737.  Meetings  and  Duties  of  Board  of  Education. — The  County  Board 
of  1  Education  shall  meet  for  the  purpose  of  examining  applicants  for  teachers' 
certificates,  and  the  transaction  of  other  business,  at  least  twice  a  year, 
at  such  times  as  the  State  Board  of  Education  shall  appoint.  The  County 
Superintendent  shall  be  Chairman  and  Clerk  of  the  Board,,  and  shall  keep  a 
fair  record  of  their  proceedings,  and  register  of  the  name,,  age,  »ex,  color,  resi- 
<ien  3e  and  date  of  certificate  of  each  person  to  whom  a  certificate  is  issued,  and 
in  case  the  certificate  be  cancelled  shall  make  a  proper  entry  of  the  same.  The 
Board  shall  have  power  to  revoke  any  certificate  granted  by  them,  for  im- 
moial  or  improper  conduct,  or  evident  unfitness  for  teaching.  The  Board 
sha  1  hold  as  many  additional  meetings  during  the  year  as  the  interest  of  the 
free  public  schools  of  the  County  may  require,  subject  to  regulations  pre- 
scribed by  the  State  Board  of  Education. 

C  v.  '02,  I  1204;  1896,  XXII,  161. 

§  1738.  Counties  to  be  divided  into  School  Districts — By  Whom,  Size  of, 
Etc. — The  County  Boards  of  Education  shall  divide  their  Counties  into  con- 
v  orient  school  districts,  as  compact  in  form  as  practicable,  having  regard  to 
natural  boundaries,  and  not  to  exceed  forty-nine  nor  be  less  than  nine  square 
miles  in  area,  and  shall  alter  the  lines  thereof,  and  create  additional  school  dis- 
tricts from  time  to  time  as  the  interests  of  the  schools  may,  in  their  judgment, 
demand  :  Provided,  That  no  new  school  district  shall  be  erected  by  said  County 
Bo.ird  of  Education,  except  upon  the  petition  of  at  least  one-third  of  the  quali- 
fied electors  embraced  within  the  limits  of  such  proposed  school  district :  Pro- 
vided, further,  That  no  school  district  shall  be  consolidated  except  upon  a  peti- 
tioi  of  at  least  one-third  of  the  qualified  voters  of  the  school  district  proposed 
to  be  consolidated :  Provided,  further,  Whenever  territory  embraced  in  two  or 


22  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

more  Counties  is  proposed  to  be  formed  into  one  school  district,  the  same  may 
be  formed  by  the  joint  action  of  the  Board  of  Education  of  the  respective 
Counties  as  herein  provided  for  the  formation  of  school  districts  in  a  County : 
Provided,  That  in  cities  of  ten  thousand  inhabitants  and  over,  this  limitation 
of  area  shall  not  apply :  Provided,  further,  That  when  any  school  district  laid 
out  under  this  Section  shall  embrace  cities  or  towns  already  organized  into 
special  school  districts,  in  which  graded  school  buildings  have  been  erected  by 
the  issue  of  bonds,  or  by  special  taxation,  or  by  donation,  all  the  territory  in- 
cluded in  said  school  district  shall  bear  its  just  proportion  of  any  tax  tha; 
may  be  levied  to  liquidate  such  bonds  or  support  the  public  schools  therein. 
The  present  division  of  the  Counties  into  school  districts  shall  remain  until 
changed  by  the  County  Boards  of  Education.  The  County  Boards  of  Educa- 
tion are  authorized  and  empowered  to  make  contracts  for  the  purpose  o:! 
dividing  their  Counties  into  proper  school  districts  and  to  provide  for  the  pay  - 
ment  of  the  expenses  thereof  out  of  the  school  funds  of  the  County.  Every 
school  district  now  organized,  or  to  be  hereafter  organized  in  pursuance  of 
this  Section,  is  and  shall  be  a  body  politic  and  corporate,  by  the  name  and 

style  of  School  District  No (such  number  as  may  be  designated  by  thu 

County  Board  of  Education),  of County  (the  name  of  the  County  in 

which  the  district  is  situated),  the  State  of  South  Carolina;,, and  in  that  nam'5 
may  sue  and  be  sued,  and  be  capable  of  contracting  and  being  contracted  with 
to  the  extent  of  their  school  fund,  and  holding  such  real  and  personal  estate 
as  it  may  come  into  possession  of,  by  will  or  otherwise,  or  as  is  authorized  by 
law  to  be  purchased,  all  of  which  shall  be  used  exclusively  for  school  pur- 
poses. 

Civ.  '02,  §  1205;  1896,  XXII,  161;  1900,  XXIII,  360. 

Note.  As  to  authority  of  trustees,  see  State  v.  Bacon,  31,  S.  C.  120.  School 
district  not  necessary  party  to  suit  on  County  Treasurer's  bond  for  misappro- 
priated school  funds.  Aiken  County  v.  Murray,  35  S.  C.  508.  Circuit  Court 
has  jurisdiction  of  action  by  teacher  against  school  district  for  damages  for 
breach  of  contract  to  teach  school  and  complaint  need  not  state  that  he  held 
certificate  at  time  of  contract.  Hughes  v.  School  District,  66  S.  C.  259.  School 
districts  are  bodies  corporate  and  may  sue  and  be  sued.  Hughes  v.  School  Dis- 
trict, 66  S.  C.  259.  State  v.  Bacon,  31  S.  C.  765.  Aiken  County  v.  Murray, 
35  S.  C.  508.  County  Board  has  power  to  alter  lines  of  school  disti^cts,  Atty. 
Gen.  op.  1905,  p.  40.  When  County  Board  may  act  without  petition  to  do  so, 
Atty.  Gen.  op.  1904,  p.  28,  30.  Petition  for  consolidation  should  be  signed  by 
one-third  of  the  voters  in  each  district  to  be  consolidated.  Atty.  Gen.  op, 
1904,  p.  29.  But  the  lines  of  one  district  may  be  altered  to  include  another 
district  without  petition.  Atty.  Gen.  op.  1904,  p.  30.  Consolidation  of  dis- 
tricts in  different  counties  is  to  be  based  upon  separate  petition  from  each 
county.  Atty.  Gen.  op.  1904,  p.  32.  Adding  new  territory  to  a  district  make* 
it  subject  to  taxation  therein.  Atty.  Gen.  op.  1904,  p.  33.  The  alteration  of 
district  lines  does  not  affect  the  levy  of  taxes  already  made.  Atty.  Gen.  op. 
p.  1076.  The  expense  of  survey,,  etc.,  are  to  be  paid  out  of  the  school  funds, 
Atty.  Gen.  op.  1904,  p.  28.  As  to  dissolution  of  joint  school  districts,  see  Atty. 
Gen.  op.  May  8,  1913.  As  to  school  houses  and  custody  of  school  property,  see 
Atty.  Gen.  op.  Jan.  8,  1913.  As  to  extension  of  special  tax  where  school  dis- 
tricts embracing  incorporated  cities  or  towns,  are  re-formed,  see  Atty.  Gee. 
op.  Sept.  9, 1916. 


§  1739.    Dissolution  of  School  Districts  in  Adjoining  Counties,— Any  scl 
district  formed  of  parts  of  two  or  more  counties  under  the  provisions  of  this. 
Section,  may  be  dissolved  in  the  same  manner,  as  that  by  which  the  same 
have  been  formed,  as  above  provided. 

1910,  XXVI,  694. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 


Note.  As  to  dissolution  of  joint  school  districts,  see  Atty.  Gen.  op.  May  8, 
1  H3. 

§  1740.  Board  of  Trustees. — Each  school  district  shall  be  under  the  man- 
a  Cement  and  control  of  the  Board  of  Turstees  hereinafter  provided  for,  sub- 
j  ;ct  to  the  supervision  of  the  County  Board  of  Education. 

Civ.  '02,  I  1206;  1896,  XXII,  162. 

Note.  Words  "management  and  control"  do  not  import  any  power  beyond 
t  rat  demanded  from  their  ordinary  meaning.  Young  v.  Trustees,.  64  S.  C.  131. 

§  1741.     School  Districts  Made  Tax  Districts.— The  school  districts  of  the 
>  e.veral  Counties  of  the  State  are  hereby  made  and  declared  to  be  the  divisions 
f  the  Counties  for  taxation  for  all  school  purposes. 
Civ.  '02,  S  1207;  1896,  XXII,  162. 

§  1742.  How  School  Districts  May  Levy  Special  School  Tax— How  Col- 
ected  and  Paid. — The  voters  or  electors  of  any  school  district,  who  return  real 
>r  personal  property  for  taxation,  are  authorized  to  levy  and  collect  an  annual 
ax  to  supplement  any  special  or  other  constitutional  or  other  tax  for  like  pur- 
poses in  the  following  manner :  Upon  the  written  petition  or  request  of  at  least 
jne-third  of  the  resident  electors  and  a  like  proportion  of  the  resident  free- 
holders of  the  age  of  twenty-one  years,  being  filed  with  the  County  Board 
of  Education,  asking  for  the  same  and  stating  the  rate  of  the  tax  levy  pro- 
posed, which  shall  not  exceed  eight  mills,  the  said  County  Board  of  Educa- 
tion shall  order  the  Board  of  Trustees  of  said  school  district  to  hold  an  elec- 
tion at  some  place  within  the  district,  after  giving  notice  of  the  time  and 
place  thereof  for  at  least  two  weeks  in  some  newspaper  published  within  the 
County,  and  by  posting  notice  thereof  in  at  least  three  public  places  within 
such  school  district,  for  such  length  of  time,  unless  there  be  no  newspaper 
published  within  the  County,  in  which  event  the  posting  of  the  notices  as 
above  shall  suffice :  at  which  said  election  only  such  electors  as  return  real  or 
personal  property  for  taxation,  and  who  exhibit  their  tax  receipts  and  regis- 
tration certificates  as  required  in  general  elections,  shall  be  allowed  to  vote. 
At  the  said  election  the  Board  of  Trustees  shall  act  as  managers,  and  the 
election  shall  be  conducted  as-  is  provided  by  law  for  the  conduct  of  general 
elections.  At  said  election  each  elector  favoring  the  proposed  levy 
shall  cast  a  ballot  containing  the"  word  "Yes,"  printed  or  written  thereon, 
and  each  elector  opposed  to  said  levy  shall  cast  a  ballot  containing  the  word 
<4No,"  printed  or  written  thereon.  Within  ten  days  after  such  election,  if 
the  majority  of  those  voting  shall  vote  for  such  levy,  the  Board  of  Trustees 
fchall  furnish  the  County  Auditor  with  a  statement  of  the  amount  so  levied 
and  the  Auditor  shall  enter  the  same  in  the  tax  duplicates,  and  he  shall  an- 
nually, each  year  thereafter,  enter  said  amount  in  the  tax  duplicates  until 
the  same  is  increased,  decreased  or  repealed  by  said  taxpayers,  at  an  election 
called  for  the  purpose,  and  he  is  notified  that  the  same  has  been  increased, 
decreased  or  repealed;  and  if  increased  or  decreased,  he  shall  annually  enter 
it  as  before ;  which  election  shall  be  called  and  notice  given  in  the  same  way 
and  manner  as  is  herein  provided  for  the  calling  of  meetings  to  make  the 
levy  and  the  giving  of  the  notice  that  it  has  been  made,  and  the  County 
Treasurer  shall  collect  the  same  as  other  county  and  State  taxes :  Provided, 
That  any  tax  which  may  be  levied,  increased,  decreased  or  repealed  after 
October  1st  in  any  fiscal  year  ,shall  not  take  effect  until  the  next  succeeding 
fiscal  year.  Such  levy  shall  be  a  lien  on  the  property  in  such  school  dis- 
trict, which  shall  be  subject  thereto  in  case  of  default  of  payment.  Said 
tax  so  collected  shall  be  paid  out  by  the  County  Treasurer  upon  warrants 
drawn  by  tho  Board  of  Trustees,  countersigned  by  the  County  Superintendent 


24  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

of  Education:  Provided,  That  any  surplus  of  such  levy  rfcuiaining  in  the 
Lands  of  the  County  Treasurer,  at  the  expiration  of  any  fiscal  year  shall  be 
paid  out  as  other  school  funds  of  the  district.  Each  taxpayer,  when  he  pays 
any  tax  for  school  purposes  voted  under  the  provision  of  this  Section,  shall 
have  the  right  to  designate  to  which  school  in  said  school  district  he  wishes 
the  money  paid  by  him  to  go;  and  the  Treasurer  shall  keep  a  note  of  such 
designation,  and  the  money  be  applied  as  thus  designated.  When  no  desig- 
nation is  made  by  the  taxpayer  at  the  time  of  such  payment,  the  money 
shall  be  expended  as  other  school  funds  in  such  district:  Provided,  That 
nothing  herein  contained  shall  be  construed  to  change  the  manner  now  pro- 
vided by  the  law  for  the  collection  and  paying  out  of  special  taxes  in  any 
school  district  now  established  by  any  special  Act  of  the  General  Assembly 
and  organized  thereunder. 

Civ.  '02,  §  1208;  1896,  XXII,  162;  1900,  XXIII,  364;  1903,  XXIV,  64;  1906,  XXV, 
,113;  1907,  XXV,  631;  1910,  XXVI,  742. 

Note:  Proceedings  to  levy  tax;  taxpayer  participating  estopped  to  deny 
regularity,  etc.  Martin  v.  School  District  of  Laurens,  57  S.  C.  125,  Provision 
that  "only  such  electors  as  return  real  or  personal  property  ior  taxation ", 
etc.,  shall  be  allowed  to  vote,  does  not  apply  to  election  under  Sec.  1743. 
McLaurin  v.  Tatum,  85  S.  C.  444.  Where  the  district  lines  divide  tract  of 
land,,  owner  can  only  vote  in  the  district  in* which  he  resides,  see  Atty.  Gen. 
op.  1904,  p.  52;  1906,  p.  102.  The  voter  must  both  own  property  in  the 
district  and  have  paid  taxes,  see  Atty.  Gen.  op.  1906,  p.  99,  March  7,  1900. 
If  the  election  is  contested,,  the  County  Board  of  Education  hears  the  con- 
test and  determines  the  result,  subject  to  review  by  State  Board,  Atty.  Gen. 
op.  1904,  p.  53.  This  is  a  local  election,  distinguished  from  general  or  special 
election,  and  the  provisions  of  the  Code  requiring  registration  books  closed 
for  thirty  days  prior  thereto  do  not  apply  to  it.  See  Atty.  Gen.  op.  1903,  p. 
52.  If  illegally  conducted,  the  levy  may  be  enjoined,  Atty.  Gen.  op.  1903, 
p.  51.  The  petition  must  be  signed  by  one-third  both  of  resident  voters 
and  resident  freeholders,  Atty.  Gen.  op.  July  10,  1902.  The  electors  must 
be  registered,  but  not  the  freeholders,  which  term  includes  women  owning 
property  in  the  district,,  Atty.  Gen.  op.  1906,  p.  104.  The  County  Auditor 
should  be  given  written  notice  of  the  levy.  Dent  v.  Brice,  16  S.  C.  12.  This 
notice  must  be  given  in  time  for  the  Auditor  to  make  the  proper  entries  on 
duplicates  before  October  first,  Atty.  Gen.  op.  1906,  p.  105.  So  as  to  the 
time  of  election,  Atty.  Gen.  op.  May  10,  1902.  The  taxpayer  can  only  direct 
application  of  tax  to  a  school  within  the  district  wherein  his  property  taxed 
is  situated.  Atty.  Gen.  op.  1904,  p.  29.  When  once  voted,  the  tax  is  a  lien 
upon  all  property  within  the  district  until  repealed.  Atty.  Gen.  op.  1904, 
p.  30 ;  or  the  land  is  taken  out  of  the  district  by  an  alteration  of  lines,  Atty. 
Gen.  op.  1904,  p.  31.  As  to  construction,  Sec.  1742,  see  Atty.  Gen.  op.  March 
21,  1916.  As  to  qualification  of  electors,  see  Atty.  Gen.  op.  April  14,  and 
May  2,  1913. 

1907,  XXV,  523. 

§  1743.  School  Districts  May  Issue  Bonds— Elections.— The  trustees  of 
any  public  school  district  in  the  State  of  South  Carolina  are  hereby  author- 
ized and  empowered  to  issue  and  sell  coupon  bonds  of  the  said  school  district, 
payable  to  bearer,  in  such  denominations  and  amounts  as  they  may  deem  nec- 
essary, not  to  exceed  four  per  cent,  of  the  assessed  valuation  of  the  property 
of  such  school  district  for  taxation,  and  bearing  a  rate  of  interest  not  ex- 
ceeding six  per  cent,  per  annum,  payable  annually  or  semi-annually,  and  at 
such  times  as  they  may  deem  best:  Provided,  That  the  question  of  issuing 
the  bonds  authorized  in  this  Section  shall  be  first  submitted  to  the  qualified 
voters  of  such  school  district  at  an  election  to  be  held  upon  the  written  peti- 


, 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  25 

tioi  or  request  of  at  least  one-third  of  the  resident  electors  and  a  like  pro- 
por  .on  of  the  resident  freeholders  of  the  age  of  twenty-one  years,  to  deter  - 
miD  whether  said  bonds  shall  be  issued  or  not,  as  herein  provided  :  Provided, 
fur  ier,  That  before  any  election  is  held  hereunder  it  shall  be  the  duty  of 
the  trustees  of  the  school  district  to  have  a  survey  of  said  school  district 
ina<  e  by  some  competent  surveyor  and  a  plat  thereof  made  and  filed  in  the 
offi<  3  of  the  Clerk  of  Court:  Provided,  further,  That  the  maximum  percent- 
age of  assessed  valuation  as  fixed  above  shall  not  apply  to  Rosemary  School 
Dis  rict  in  the  County  of  Georgetown,  but  that  in  said  school  district  the 
una:  imurn  percentage  of  assessed  valuation  of  property  shall  be  eight  per 
cen  . 

1   D7,  XXV,  523;  1909,  XVXI,  89. 

1  ote.     Term  "qualified  voter"  means  same  as  "qualified  elector"  in  Const. 
an<    general  election  Statutes.    McLaurin  v.  Tatum,  85  S.  C.  444.     As  to    the 
lev     of  special  tax,  see  Atty.  Gen.  op.  July  18,  1913. 

§  1744.  How  Election  Shall  Be  Held.  —  For  the  purpose  of  determining 
the  issue  of  bonds  authorized  in  Section  1743,  such  ^rustees  of  school  district 
sha  1  order  an  election  to  be  held  at  such  place  in  such  school  district  as  may 
b^  iesignated  by  such  Trustees  of  such  school  district  on  the  question  of 
v  h  ;ther  such  bonds  shall  be  issued  or  not,  in  which  election  only  qualified 
voi  "rs  residing  in  such  school  district  shall  be  allowed  to  vote,  and  such  Trus- 
tee ;  shall  give  notice  of  such  election  for  ten  days  in  a  newspaper  published  in 
sue  n  district,  or-  by  posting  such  notice  in  three  public  places  in  such  school 
dis  rict  ;  shall  designate  the  time  and  place  and  appoint  the  managers  of 
sue  h  election,  and  receive  the  returns  of  the  managers  and  declare  the  re- 

KUl    S. 

2  )07,  XXV,  523. 

Note.  As  to  validity  of  bonds  issued  under  this  Section,  see  Dove  v.  Kirk- 
lard,  92  S.  C.  322. 

?   1745.     Ballots.  —  The  ballot  cast  must  have  written  or  printed  on  it  the 

<ls  "For  Bonds,"  or  "Against  Bonds." 
1907,  XXV,  523. 

!i  1746.  How  Bonds  Shall  Be  Sold—  Special  Tax  Levy.—  If  a  majority  of 
th(  votes  cast  at  such  election  shall  be  for  the  issuing  of  bonds,  such  Trus- 
tees Rlmll  issue  such  bonds,  which  shall  run  not  longer  than  twenty  years  from. 
da.e  of  issue  thereof,  which  shall  be  sold  by  such  Trustees  at  not  less  than 
par,  and  the  proceeds  of  which  shall  be  used  by  such  Trustees  for  the  purpose 
of  erecting  buildings,  and  for  equipment  for  maintaining  public  schools  in 
su'ih  School  district,  or  for  paying  indebtedness  of  such  School  District;  and 
su'ih  bonds  and  coupons  of  same  shall  constitute  a  lien  upon  the  property  of 
su  ;h  school  district  ;  it  shall  be  the  duty  of  the  County  officers,  charged  with 
th  ;  Ksessment  and  collection  of  taxes,  to  levy  and  collect  annually  from  all 
thj  property,  real  and  personal,  within  the  limits  of  such  school  district,  a 
sum  sufficient  to  pay  the  interest  on  such  bonds,  and  also  a  sam  sufficient  to 
provide  a  sinking  fund  for  the  payment  of  such  bonds  when  due,  and  the 
coupons  thereof  shall  be  received  for  school  taxes  upon  property  within  such 
district. 


1907,  XXV,  523. 

Note.     As  to  discretion  conferred  upon  trustees  with  reference  to  issuance 
of  bonds,  see  Burris  v.  Brock,  95  S.  C.,  109. 

§  1747.     How  Bonds  Shall  Be  Signed.—  All  bonds  issued  under  and  in  pur- 


26  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

suance  of  the  provisions  herein  shall  be  signed  by  the  Trustees  of  such  s«hool 
district:     Provided,  That  the  signatures  of  such    Trustees    shall    be    litho- 
graphed or  engraved  upon  the  coupons  attached  to  such  bonds,  and     such 
lithographed  or  engraved  signatures  shall  be  sufficient  signing  thereof. 
1907,  XXV,  523. 

§  1748.  Proceeds — How  Disposed  of. — The  proceeds  of  such  bonds  as  are 
contemplated  hereinabove  shall  be  deposited  with  the  County  Treasurer  of 
the  County  in  which  such  school  district  is  located,,  and  shall  be  receipted  for 
by  such  County  Treasurer,  and  shall  be  paid  out  by  him  only  upon  the  war- 
rant of  such  Board  of  Trustees,  as  provided  by  law  for  the  handling,  ex- 
pending and  accounting  for  all  other  public  funds :  Provided,  That  nothing  in 
the  above  Section  shall  be  construed  as  affecting  any  bonds  already  issued  or 
voted  in  any  school  district  of  the  State  or  bonds  authorized  by  special  Acts 
of  the  Legislature. 

1907,  XXV,  523. 

§  1749.  How  Money  Shall  Be  Deposited.— The  Treasurers  of  the  Coun- 
ties in  which  said  school  districts  are  situated  are  directed  and  requested  to 
deposit  all  moneys  in  their  hands  belonging  to  the  sinking  fund  which  may 
accumulate  under  the  provisions  herein  in  some  savings  institution  or  bank 
approved  by  the  Board  of  Trustees  of  said  school  district,  at  the  best  rate 
of  interest  that  can  be  obtained  until  the  said  bonds  mature,  and  that  the  said 
Treasurers  shall,  at  the  direction  of  the  Board  of  Trustees,  change  the  place 
of  deposit  at  any  time:  Provided,  That  the  sinking  fund  belonging  to  Harts- 
ville  School  District  No.  32,  in  Darlington  County,  or  which  may  accumulate 
under  the  provisions  of  this  Act,  shall  be  under  the  control  and  management 
of  the  Board  of  Trustees  of  said  school  district,,  and  shall  be  applied  to  tho 
bonds  issued  by  them,  or  be  invested  by  them  to  meet  the  payment  of  same 
when  due:  Provided,  further,  That  Norway  School  District  No.  71,  in  Or- 
angeburg  County,  may  issue  school  bonds  not  to  exceed  eight  per  cent,  of 
the  total  taxable  value  of  the  property  in  such  school  district. 

1907,  XXV,  523;  1912,  XXVII,  631.  - 

Note.  As  to  care  of  sinking  fund  for  retirement  of  school  bonds,  see  Atty. 
Gen.  op.  June  11,  1915. 

§  1750.  Special  School  Districts  in  Adjoining1  Counties. — Whenever  it 
shall  happen  that  by  reason  of  the  location  of  special  school  districts,  portions 
of  two  adjacent  Counties  should  for  convenience  be  included  in  one  school 
district,  the  County  Boards  of  Education  of  such  Counties  are  hereby  author- 
ized and  directed  in  joint  conference  to  make  such  regulations  as  will  enable 
such  sections  to  be  established  into  a  separate  school  district.  The  provisions 
of  this  Section  shall  apply  in  all  respects  to  the  School  districts  of  Marion 
County  and  Dillon  County  which  have  been  cut  by  the  lines  separating  said 
Counties. 

Civ.  '02,  I  1209;  1896,  XXII,  164;  1910,  XXVI,  640. 

§  1751.  School  Bonds  Exempt  from  Taxation. — All  bonds  hereafter  is- 
sued or  sold,  or  to  be  hereafter  issued  or  sold,  by  the  trustees  of  any  school 
district  or  school  districts  pursuant  to  the  vote  of  the  majority  of  the  quali- 
fied Toters  of  such  school  district,  or  school  districts,  Toting  at  an  election 
heretofore  or  hereafter  held  for  the  erection  of  buildings,,  for  equipment,  for 
maintaining  public  schools  in  such  district  or  districts,  or  for  paying  indebt- 
edness of  such  district  or  districts,  shall  be  exempt  from  all  taxation  for 
State,  County,  municipal  or  school  purposes. 

1908,  XXV,  1051. 


II 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  37 

§  1752.  Appointment  of  School  Trustees  —  Terms  —  Duties  —  Graded 
Schools — Districts  of  Five  Thousand  Inhabitants. — Each  County  Board  of 
Education,  on  the  first  Tuesday  of  July,  1906,  and  on  the  first  Tuesday  in 
July  every  two  years  thereafter,  shall  appoint  for  each  school  district  hi 
their  County  three  School  Trustees,  from,  the  qualified  electors  and  taxpayer! 
residing  in  the  district,  who  shall  hold  their  office  for  two  years,  and  until 
their  successors  are  appointed  and  qualified,  unless  sooner  removed  by  the 
County  Board  of  Education.  The  County  Board  of  Education  shall  have 
power  to  fill,  from  time  to  time,  all  vacancies  in  the  Board  of  Trustees.  The 
School  Trustees  shall  meet  as  a  Board  as  soon  and  as  often  as  practicable, 
and  after  having  been  appointed  and  qualified,  at  such  place  as  may  be  most 
convenient  in  the  district.  At  their  first  meeting  they  shall  organize  by  elect- 
ing one  of  their  number  Chairman  of  the  Board,  who  shall  preside  at  the  of- 
ficial meetings  of  the  Board,  and  another  Clerk  of  the  Board,  who  shall  record 
their  proceedings  in  a  book  provided  for  that  purpose.  Each  member  of  the 
Board  of  Trustees  shall  be  duly  notified  of  all  meetings  of  the  Board  by  tke 
Clerk  of  the  Board:  Provided,  That  the  foregoing  provisions  of  this  Section 
shall  not  apply  to  special  and  graded  school  districts  created  by  special  Acts; 
but  that  the  Trustees  and  School  Commissioners  of  all  special  and  graded 
•ehool  districts  shall  remain  the  same  in  number,  and  shall  be  elected  or  ap- 
pointed in  the  same  manner,  and  shall  hold  the  office  for  the  same  time  as 
is  provided  for  in  the  respective  special  Acts;  except  that  in  the  special 
school  districts  where  the  Trustees,  or  their  successors,  are  appointed  by  the 
State  Superintendent  of  Education  under  the  provisions  of  the  special  Acts, 
the  Trustees  shall  hold  office  until  the  first  Tuesday  in  July,  1906,.  on  which 
day,  and  on  the  same  day  every  two  years  thereafter,  the  Trustees  shall  be 
elected  by  the  qualified  electors  of  such  school  districts:  Provided,  That 
special  school  districts  having  a  population  of  not  less  than  five  thousand 
inhabitants,  and  in  which  the  Boards  are  not  fixed  by  special  or  specific  legis- 
lation may  elect  on  the  second  Tuesday  in  January,  1904,  on  the  second 
Tuesday  in  January  of  any  alternate  year  thereafter,  nine  Trustees,  to  con- 
stitute a  Board  in  their  respective  districts:  Provided,  further,  That  three 
of  the  said  Trustees,  to  be  elected  at  said  election,  shall  serve  for  a  term  of 
two  years,  three  for  a  term  of  four  years  and  three  for  a  term  of  six  years; 
thi:  terms  of  each  Trustee  to  be  determined  by  lot,  in  the  presence  of  the 
County  Board  of  Education;  and  on  the  second  Tuesday  of  January  every 
two  years  thereafter,  three  Trustees  shall  be  elected  to  serve  for  a  term,  of 
six  years.  The  election  of  all  Trustees  for  all  such  school  districts  shall  be 
by  ballot,  and  shall  be  conducted  under  the  supervision  of  three  qualified 
(.lectors  residing  within  the  district,  who  shall  be  appointed  by  the  County 
Board  of  Education,  at  least  ten  days  prior  to  the  holding  of  the  election. 
The  managers  shall  report  the  result  of  the  election  to  the  County  Board  of 
Kducaton  within  ten  days  thereafter,  which  Board  shall  commission  the 
Trustees  so  elected.  The  Board  of  Trustees  of  each  special  or  graded  school 
district  shall  elect  from  their  number  a  Chairman,  who  shall  preside  at  their 
meetings,  and  a  Secretary  or  Secretary  and  Treasurer,  who  shall  record  the 
proceedings  of  the  Board,  and  who  shall  keep  a  full  and  accurate  account 
of  all  moneys  received  and  expended,  showing  the  source  and  disposition  of 
each  item,  and  who  shall  make  a  complete  itemized  report  of  the  receipts  and 
disbursements  of  each  scholastic  year  to  the  County  Superintendent  of  Edu- 
cation on  or  before  the  15th  day  of  July  of  each  year.  The  books  and  vouch- 
ers of  the  Secretary  and  Treasurer  shall  be  open  at  all  times  to  inspection  by 
the  public:  Prorided,  further,  That  upon  the  petition  of  one-third  of  the 
qualified  electors  of  School  District  No.  13,  in  Abbeville  County,  filed  with 
the  County  Superintendent  of  Education,  on  or  before  the  first  day  of  June 
in  any  year,  when  School  Trustees  are  to  be  appointed,  the  County  Board  of 


28  GENERAL  SCHOOL  LAW  OF^SOUTH  CAROLINA 

\ 

Education  shall  order  an  election  to  elect  the  Trustees  for  School  District  No. 
13  in  the  manner  herein  provided  for  in  the  election  of  Trustees  of  special 
school  districts :  Provided,  further,  That  upon  the  petition  of  one-third  of 
the  qualified  electors  of  any  school  district  in  Chesterfield  and  Oconee  Coun- 
ties, except  special  and  graded  school  districts,  created  by  special  Acts,  filed 
with  the  Superintendent  of  Education  of  said  County,  on  or  before  the  first 
day  of  June  in  any  year  when  School  Trustees  are  to  be  appointed,  the 
County  Board  of  Education  shall  order  an  election  to  elect  the  Trustees  for 
such  school  districts  in  the  manner  herein  provided  for  the  election  of  Trus- 
tees of  special  school  districts. 

1903.  XXVI,  64;  1904,  XXIV,  528;  1906,  XXV,  31. 

Note.  Qualification  of  Trustee:  He  must  have  resided  in  County  one 
year,  and  be  a  resident  qualified  elector  and  taxpayer  in  the  school  district. 
A'tty.  Gen.  op.  1904,  p.  40.  He  need  not  be  a  freeholder,  Atty.  Gen.  op.  1904,  p. 
42. 

There  are  to  be  three  trustees  only,  except  where  by  a  special  provision  of 
law  provision  is  made  for  a  larger  number,  see  Atty.  Gen.  op.  1903,  p.  1065. 
The  terms  of  trustees  expire  on  the  first  Tuesday  in  July  in  alternate  years, 
see  Atty.  Gen.  op.  1903,,  p.  1066,  68.  This  section  does  not  affect  the  election 
of  trustees  in  special  districts  created  by  special  Act,  except  as  expressly 
provided,  Atty.  Gen.  op  1903,  p.  47-51. 

School  trustees  cannot  hold  any  other  office;  for  instance,  Mayor,  Alder- 
man, City  Clerk,  etc.  Atty  Gen.  op.  1907,  p.  106,  108,  105.  If  he  accepts 
another  office,  he  may  still  act  as  trustee  until  his  office  is  declared  vacant 
in  a  judicial  proceeding,  see  Atty.  Gen.  op.  1905,,  p.  47.  Two  members  being 
a  majority  of  the  Board,  can  transact  business,  see  Atty.  Gen.  op.  1906,  p. 
105.  If  the  absent  member  has  been  notified  of  the  time  and  place  of  meet- 
ing, see  Atty.  Gen.  op.  1905,  p.  47. 

School  trustees  may  be  removed  by  the  County  Board  without  preferring 
charges  against  them.  Atty.  Gen.  op.  1905,  p.  56. 

School  trustees  cannot  hold  office  of  Postmaster,  nor  Probate  Judge,  Atty. 
Gen.  op.  Oct.  10,  24,  1912. 

§  1753.  Duty  of  Board  of  Trustees.— The  Board  of  Trustees  in  each  school 
district  shall  take  the  management  and  control  of  the  local  educational  in- 
terests of  the  same,,  and  shall  visit  each  school  district  at  least  once  in  every 
school  term,  and  shall  be  subject  to  the  supervision  and  orders  of  the  County 
Board  of  Education. 

Civ.  '02,  §  1211;  1896,  XXII,  165. 

Note.    Bryson  v.  Daniel,  52  S.  C.  201.     Young  v.  Trustees,  64  S.  C.  131. 

§  1754.  Regular  Session  of  Board  of  Trustees.— The  Board  of  Trustees 
shall  hold  a  regular  session  in  their  school  districts  at  least  two  weeks  before 
the  commencement  of  any  or  every  school  term  for  the  transaction  of  any  and 
all  business  necessary  to  the  prosperity  of  the  schools,  with  power  to  adjourn 
from  time  to  time  and  to  hold  special  meetings  at  any  time  or  place  when 
called  upon  by  the  Chairman  or  any  two  members  of  the  Board. 

Civ.  '02  $  1212;  1896,  XXII,  165. 

§  1755.  Power  to  Sell  School  Property.— The  School  Trustees  of  the  sev- 
eral school  districts  are  authorized  and  empowered  to  sell  school  property, 
real  or  personal,  in  their  school  districts  whenever  they  deem  it  expedient  to 
do  so,  and  to  apply  the  proceeds  of  sale  or  sales  to  the  school  fund  of  the 


I 
I 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  £9 

•  istrict  wherein  such   sale  is  made :     Provided,   That  the   consent   of      the 

<  iounty  Board  of  Education  be  first  obtained  by  the  Trustees  desiring  to  make 

uch  sale.     That  it  shall  be  the  duty  of  the  said  Board  of  Trustees,  within 

hirty  days  after  said  sale,  to  enclose  a  report  of  the  same  to  the  County 

ioard  of  Education,  setting  forth  the  terms  and  amount  of  said  sale. 

Note.     As  to  school  houses  and  custody  of  school  property  under     S«€. 
755-61-38,  see  Atty.  Gen.  op.  Jan.  8,  1915. 
Civ.  '02,  I  1213;  1896,  XXII,  165. 

§  1756.  Transfer  of  Pupils — When  and  How  Made. — When  it  shall  so 
lappen  that  persons  are  so  situated  as  to  be  better  accomodated  at  the  school 
)f  an  adjoining  school  district,  whether  special  or  otherwise,  the  Board  of 
Trustees  of  the  school  district  in  which  such  persons  reside  may  transfer 
mch  persons  for  education  to  the  school  district  in  which  such  school  is 
ocated;  and  the  Trustees  of  the  school  district  where  the  school  is  located 
shall  receive  such  persons  into  the  school  as  though  they  reside  within  the 
listrict:  Provided,  That  when  such  persons  are  transferred  from  one  school 
district  to  an  adjoining  school  district  levying  a  special  tax  for  school  pur- 
poses, the  Board  of  Trustees  of  the  district  in  which  the  school  is  located  may, 
in  their  discretion,  charge  an  incidental  fee  not  to  exceed  the  additional 
amount  that  such  person  would  pay  if  his  or  her  property  were  located  in 
the  district :  Provided,  That  children  shall  not  be  transferred  from  a  school 
district  in  one  county  to  a  school  district  in  an  adjoining  county  without  the 
consent  of  the  Board  of  Education  of  the  respective  counties  in  which  the 
transfer  is  made:  Provided,  further,  That  if  any  taxpayer  pays  taxes  in 
two  or  more  counties  he  shall  have  the  right  to  send  his  children  to  the  school 
of  any  one  of  said  counties:  Provided,  No  transfer  shall  be  allowed  from 
any  school  district  in  this  State  to  another  school  district  without  the  con- 
sent of  a  majority  of  the  trustees  of  the  district  to  which  the  transfer  w 
sought  to  be  made.; 

Civ.  '02,  §  1214;  1896,  XXII,  165;  1912,  XXVII,  619. 

Note.  As  to  the  transfer  of  pupils  from  one  school  to  another,  see  Atty. 
Gen.  op.  Jan.  31,  1913,  May  2,  1913,  April  29,  1915.  For  direetion  as  to  en- 
rollment, see  Ante,  sec,  1715.  The  transfer  is  only  authorized  between 
adjoining  districts.  Atty.  Gen.  op.  1903,  1069.  Scholars  from  one  district 

ot  on  titled  to  free  tuition  in  another  district  unless  transferred  under 
this  Section,  see  Atty.  Gen.  op.  1906,  p.  103.  They  cannot  be  received  as 

pupils  without  such  transfer,  see  Atty.  Gen.  op.  1904,  p.  37.  The  order 
making  tlie  transfer  may  be  reviewed  by  the  County  Board  of  Education  on 

il.  Atty.  Oen.  op.  1905,  p.  50,  54.  It  is  too  late  to  appeal  after  both 
district  boards  have  acquiesced  in  the  transfer,  Atty.  Gen.  op.  1904,  p.  36. 

§  1757.    Reports  of  Teachers— How  and  to  Whom  Made.— Each  school 

teacher  shall  mako  out  and  filo  with  the  Clerk  of  the  Board  of  Trustees,  at 
the  expiration  of  each  school  month,  a  full  and  complete  report  of  the  whole 
number  of  pupils  admitted  to  the  school  during  each  month,  distinguishing 
between  male  and  female,  the  average  attendance,  the  branches  taught,  the 
number  of  pupils  engaged  in  studying  each  of  said  branches,  and  such  sta- 
tistics as  he  or  she  may  be  required  to  make  by  the  County  Board  of  Educa- 
tion: Provided,  That  whenever  a  teacher  is  unavoidably  prevented  from  fil- 
ing said  report  at  the  expiration  of  any  school  month,  the  Board  of  School 
Trustees  may  have  authority  to  receive  the  report  within  a  reasonable  time 
thereafter,  if,  in  their  opinion,  the  reasons  for  the  delay  are  good  and  sufficient. 
On  the  filing  of  the  teacher's  report  and  its  approval  by  the  tfoard  of  Trus- 
tees, their  clerk  shall  draw  an  order  in  duplicate  on  the  County  Treasurer 
for  the  amount  due  sueh  teacher,  which  shall  be  signed  by  the  Board,  which 


SO  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

order,  if  accompanied  by  a  copy  of  said  monthly  report  and  approved  by  the 
.County  Superintendent  of  Education,  shall  be  countersigned  by  him  and  the 
duplicate  filed  in  his  office. 
Civ.  '02,  S  1215;  1896,  XXII,  165. 

Note.  Pupils  cannot  be  included  in  enrollment  unless  they  have  attended 
school  at  least  ten  days  during  the  session,  see  Atty.  Gen.  *p.  1905,  p.  63. 
Separate  pay  warrants  must  be  issued  to  each  teacher,  Atty.  Gen.  op.  1904, 
p.  44.  And  salaries  are  to  be  paid  only  for  the  term  the  public  school  runs, 
Atty.  Gen.  op.  1903,  p.  1076. 

§  1758.  Claims  against  Fund — How  and  by  Whom  Signed. — All  claims, 
of  every  description  whatsoever,  which  are  chargeable  against  the  fund 
raised  for  the  support  of  the  free  public  schools  of  the  State,  except  such  as 
are  otherwise  provided  for  by  law,  must  be  signed  by  at  least  a  majority  of 
the  Board  of  Trustees  of  the  school  district  against  which  the  claims  are 
chargeable;  and  the  correctness  and  legality  of  the  same  shall  be  sworn  to 
and  subscribed  by  the  person  presenting  such  claim  before  it  shall  be  ap- 
proved by  the  person  or  persons  authorized  by  law  to  give  such  approval. 
School  Trustees  and  County  Superintendents  of  Education  shall,  free  of 
charge,  administer  oaths  to  persons  presenting  the  claims  contemplated  bj 
this  Section. 

Civ.  '02,  §  1216;  1896,  XXII,  165. 

Note.  Approval  of  claim  is  not  compellable  by  mandamus,  Williams  T. 
Hires,  51  S.  C.  388.  The  endorsement  of  approval  need  not  be  under  official 
*>eal,  State  v.  Morton,  51  S.  C.  323.  A  school  district  is  a  part  of  the  County's 
territory,  divided  off  by  the  County  Board  of  Education,  for  taxation  for 
skool  purposes,  Gallishaw  v.  Jackson,  99  S.  C.  342. 

§  1759.  All  School  Warrants  to  Be  Approved  by  County  Superintendent 
of  Education. — Any  and  all  school  warrants  issued  by  any  Board  of  School 
Trustees  against  any  public  school  fund  shall  not  be  paid  by  the  County 
Treasurer  or  other  officer  having  the  custody  of  such  fund  until  the  warrant 
has  been  approved  by  the  County  Superintendent  of  Education  of  the  County 
in  which  said  warrant  is  drawn. 

1«09,  XXVI,  132. 

Note. — Mandamus  will  not  issue  to  compel  the  County  Superintendent 
to  approve  a  warrant  where  its  does  not  appear  that  the  County  Treasurer 
has  sufficient  funds  to  pay  it.  Rouse  v.  Benton,  100  S.  C.  150. 

§  1760.    Trustees  Not  to  Receive  Pay  as  Teachers. — It  shall  be  unlawful 
for  a  school  Trustee  to  receive  pay  as  a  teacher  of  a  free  public  school. 
Oiv.  '02,  §  1217;  1896,  XXII,  165. 

§  1761.  Powers  and  Duties  of  School  Trustees.— The  Board  of  Trustees 
shall  also  have  authority,  and  it  shall  be  their  duty : 

1.  To  Provide  School  Houses. — To  provide  suitable  school  houses  in  their 
districts,  and  to  make  the  same  comfortable,  paying  due  regard  to  any  school 
house  already  built  or  site  procured,  as  well  as  to  all  other  circumstances 
proper  to  be  considered  so  as  to  best  promote  the  educational  interests  of 
their  district. 

2.  To  Employ  and  Discharge  Teachers. — To  employ  teachers  from  those 
having  certificates  from  their  County  Board  of  Examiners  or  from  the  State 
B«wird  of  Education,  and  fix  their  salaries,  and  to  discharge  the  same  when 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  31 


and  sufficient  reasons  for  so  doing  present  themselves,  subject  to  the 
*up(  -vision  of  the  County  Board  of  Education. 

Q  alification  of  Teacher.  —  No  general  or  special  School  Trustee  shall  here- 
afte  employ  any  teacher  who  has  not  a  certificate  to  teach  in  the  free 
pub  c  schools  of  the  State.  This  provision,  however,  not  to  affect  the  eni- 
ploj  nent  of  any  teacher  now  teaching  in  any  of  the  schools  of  the  special 
sch(  >1  districts:  Provided,  further,  That  the  trustees  of  any  such  school 
shal  always  have  the  right  and  power  to  impose  any  additional  examinations 
and  qualifications  they  may  deem  proper  before  or  after  employing  any 
teac  icrs  :  Provided,  also,  That  all  funds  of  the  free  public  schools  of  the 
Sta-  5  other  than  those  arising  from  the  special  levy  of  special  school  districts 
sha  be  paid  out  of  the  County  Treasury  upon  warrants  duly  vouched 
by  he  School  Trustees  of  the  respective  schools  or  school  districts  or  other- 
as  provided  by  the  laws  governing  any  special  school  district. 


3  To  Suspend  or  Dismiss  Pupils.  —  To  suspend  or  dismiss  pupils  when 
the  best  interest  of  the  schools  make  it  necessary. 

4  To  Call  Meetings  for  Consultation.  —  To  call  meetings  of  the  qualified 
elec  ;ors   of  the  district  for  consultation  in  regard  to  the  school  interests 
the  eof  ;  at  which  meetings  the  Chairman  or  other  member  of  the  Board  shall 
pre  ide,  if  present. 

5  To  Control  School  Property.  —  To  take  care  of,  manage  and  control  the 

sch  >ol  property  of  the  district. 

6  To  Visit  the  Schools.  —  To  visit  the  free  public  schools  within  their  dis- 
trict  from  time  to  time,  and  to  take  care  that  they  are  conducted  according 

aw  and  with  the  utmost  efficiency. 

.    Ferriage  of  Trustees.  —  They  shall  be  allowed  to  cross  all  bridges  or 
fer  -ies  free  of  charge  when  they  are  traveling  on  official  business. 
Cir.  '02,  §  1218;  1896,  XXII  165. 

Note.  Location  of  school  house  site  by  trustees  is  subject  to  review  by  the 
County  Board  of  Education,  Sligh  v.  Bowers,  62  S.  C.  409.  Young  v  Trus- 
tee;, 64  S.  C.  131.  See  also  Atty.  Gen.  op.  1904,.  p.  26.  Trustees  cannot 
ch?  rge  pupils  incidental  fees,  Younger  v.  Trustees,  64  S.  C.  131.  The  teacher 
elejtod  must  be  one  having  a  certificate,  Atty.  Gen.  op.  1904,  p.  43,  and  can- 
no1  be  elected  for  a  longer  term  than  that  of  the  trustees  electing,  Atty.  Gen. 
op.  1901,  p.  43,  also  opinion  1916.  The  trustees  cannot  employ  a  Superinten- 
dent to  visit  and  supervise  the  work  of  the  schools  in  their  district,  Atty. 
Gen.  op.  1904,  p.  44.  The  power  granted  trustees  under  this  Section  is  sub- 
ject to  the  supervision  and  orders  of  the  County  Board  of  Education,  Bryson 
v.  D;miel,  52  S.  C.  201.  As  to  authority  of  trustees  to  suspend  or  dismiss 
pupils,  v.hen  the  best  interest  of  the  school  makes  it  necessary  and  their  duty 
to  provide  separate  schools  for  children  of  different  races,  see  Tucker  v 
Bhase,  97  S.  C.  303.  Trustees  are  charged  by  law  with  the  duty  of  erecting 
school  houses  so  as  to  promote  the  educational  interests  of  their  districts  and 
cannot  by  contract  divest  themselves  of  the  right  to  so  exercise  their  judg- 
ment, Kx  Parte,  Surralt,  103  S.  C.  525;  Surratt  v.  Cash,  103  S.  C.  531. 

Repairs  to  school  build  in  ITS  can  be  most  advantageously  made  when  the 
scaool  is  not  in  session  and  ;iro  usunlly  made  at  such  time  to  avoid  interfer- 
ence with  school  work,  Walker  v.  Sawyer,  104  S.  C.  342.  As  to  power  of 
Board  of  trustees  to  make  contracts  effective  beyond  their  o*n  terms  of  oi- 
ffce,  see  Rouse  v.  Bent  on,  100  S.  C.  150.  As  to  payment  of  teachers'  salaries 
under  subdivision  2,  see  Attorney  Gen.  op.  Nov.  19,  1914.  As  to  election  of 
teachers  related  to  trustees,  see  Atty.  Gen.  op.  Aug.  13,  1915.  As  to  powor 


32  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

of  trustees  to  contract  with  teachers  for  services  beyond  the  term  of  trustee 
so  contracting,  see  Atty  Gen.  op.  July  5,  1916.  Power  of  trustees  must  be 
exercised  subject  to  supervision  of  County  Board  of  Education,  See  Atty. 
Gen.  op.  Aug.  22,.  1916.  Number  of  hours  which  a  school  teacher  would  work 
per  day  is  within  the  discretion  of  the  trustees,  see  Atty.  Gen.  op.  Jan.  31, 
1933.  A  school  trustee  may  be  indicted,  after  he  has  gone  out  of  office,  for 
misdemeanors  and  violations  of  law  committed  by  him  while  holding  office  of 
school  trustee,  State  v.  Elliott,  94  S.  C.  35. 

§  1761a.    School  Buildings  to  Be  Insured— Insurable  Value  Defined.— It 

shall  be  the  duty  of  the  School  Trustees,  School  Commissioners  or  other 
school  official  or  officials,  having  the  management  and  control  thereof  whether 
held  and  operated  under  the  general  public  school  laws  or  under  laws  appli- 
cable only  to  special  school  districts  to  insure  and  keep  insured  every  insur- 
able  school  building  of  brick,  or  reinforced  concrete  construction,  whatever 
may  be  its  insurable  value  and  on  the  contents  thereof,  and  to  insure  and 
keep  insured  every  insurable  school  building  not  of  brick  or  concrete  con- 
struction the  insurable  value  of  which  is  not  less  than  three  hundred  ($300.00) 
dollars,  the  insurance  premiums  therefor  to  be  paid  from  proper  school  funds 
in  the  usual  and  proper  manner  of  disbursing  same.  The  insurable  value  as 
used  in  this  section  shall  be  defined  as  three-fourths  (%)  of  the  value  of  the 
building  wherever  the  rule  of  reliable  old  line  insurance  companies  applies 
to  policies  if  issued  on  other  than  State,  county  or  municipal,  or  governmental 
property,  the  three-fourths  (%)  valuation  clause,  and  shall  be  defined  the 
full  value  of  the  building  wherever  such  clause  is  not  so  applied. 

§  1761b.  In  What  Companies  Insurance  to  Be  Carried — All  insurance 
carried  on  every  such  school  building  which  is  not  of  brick  or  reinforced 
concrete  construction,  and  on  the  contents  thereof,  shall  be  carried  in  reli- 
able old  line  insurance  company  or  companies. 

§  1761c.  Policies  to  Be  Proportioned  Between  Old  Line  Companies  and 
.Insurance  Department  of  Sinking  Fund — Premiums  and  Losses  Proportoined 
— Proviso. — After  the  date  of  the  approval  of  this  Act  all  new  insur- 
ance and  all  renewal  of  insurance  upon  the  expiration  of  policies  issued 
previous  to  said  date  upon  every  such  school  building  of  brick  and  reinforced 
concrete  construction  and  on  the  contents  thereof,  whether  such  building  is 
held  and  operated  under  the  general  school  laws,  or  laws  applicable  to  special 
school  districts  only,  shall  be  by  the  School  Trustees  or  School  Commissioners, 
or  other  school  official  or  officials,  having  control  and  management  of  said 
school  building  placed  or  carried  thereon  as  follows :  Fifty-five  per  cent. 
"(55  per  cent)  of  all  of  said  insurance  carried  thereon,,  shall  be  carried  in  re- 
Jiable  old  line  fire  insurance  company  or  companies,  and  forty-five  per  cent. 
(45  per  cent.)  of  all  of  said  insurance  carried  thereon  shall  be  simultaneously 
and  concurrently  carried  in  the  Department  of  State  Insurance  of  Public 
Property  by  the  Sinking  Fund  Commission  which  shall  be  by  said  school 
officials  sought  and  obtained  from  the  Sinking  Fund  Commsision,  immediately 
upon  placing  said  old  line  concurrent  insurance;  said  fifty-fiv^  per  cent.  (55 
per  cent,)  of  the  insurance  so  concurrently  carried  in  reliable  old  line  insur- 
ance companies  and  the  said  forty-five  per  cent.  (45  per  cent.)  so  carried  by 
the  Sinking  Fund  Commission  on  said  buildings  and  the  contents  thereof,  shall 
be  concurrently  carried,  and  the  policies  shall  be  issued  concurrently  and 
coterminally  and  the  premium  and  losses  paid  upon  each  of  said  concurrent 
policies  shall  be  proportionate  to  the  amount  of  insurance  earned  in  the  said 
concurrent  policies  so  that  the  premium  paid  to  the  Sinking  Fund  Commission 
for  carrying  forty-five  per  cent.  (45  per  cent.)  of  the  whole  amount  of  in- 
surance so  concurrently  carried  shall  be  forty-five-fifty-fifths  (45-55)  of  the 
aggregate  amount  of  premium  paid  to  all  of  the  old  line  insurance  companies 


. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  33 

fc  •  carrying  fifty-five  per  cent.  (55  per  cent.)  of  all  of  said  insurance  so  con- 
ci.  Tently  carried  on  said  building  and  the  contents  thereof:  Provided,  Tha£ 
in  til  after  March  1,  1918,  the  amount  paid  as  premium  to  the  Sinking  Fund 
0'  mmission  shall  be  the  premium  so  prorated  as  above  required  to  the  Sinking 
F  .nd  Commission,  less  five  per  cent.  (5  per  cent.)  of  said  Sinking  Fund  Conv 
n  ssion's  premium  (that  is,  4275 — 5500  of  the  aggregate  amount  of  premium 
p.  id  to  said  old  line  companies)  and  after  said  date  the  full  amount  of 
p  emium  so  prorated  shall  be  paid  to  the  Sinking  Fund  Commission. 

§  1761d.  How  Premiums  Paid — Statement  to  Be  Supplied  by  Old  Line 
C  >mpanies — Duplicate  and  Premium  to  Be  Forwarded  to  State  Treasurer — 
E  aplicate  to  Be  Sent  Sinking  Fund  Commission. — That  said  School  Trustees, 

>  -hool  Commissioners  or  school  official  or  officials  whose  duty  it  is  to  insurfc 
s  id  buildings,  with  old  line  insurance  companies  and  with  the  Sinking  Fund 
(  jimnission,  shall  pay  or  cause  to  be  paid  to  the  said  old  line  insurance  com- 
I  niies  and  to  the  Sinking  Fund  Commission  respectively  the  premium  as 
?.  )ove  required,  by  warrant   or  order  drawn  by  the  said  School  Trustees, 
J*  ?hool  Commissioners,  or  school  officials  as  in  the  case  of  other  disbursements 
f  >r  said  schools  upon  the  proper  disbursing  official  who  shall  pay  the  same: 
I  rovided,  That  no  warrant  or  warrants  to  pay  the  premium  on  said  old  line 
(  Hiipany  policies  shall  be  drawn  or  delivered  until  the  respective  old  line  in- 

>  i  ranee  a»-ent  or  agents  shall  furnish  to  the  school  official  drawing  said  war- 
T  int  or  order  a  statement  certified  to  in  duplicate  by  the  said  agent  or  agents 
(  f  the   old  line   insurance   company  or  companies  issuing  said  concurrent  poli- 
<  ies,  said  statement  containing  an  exact  copy  in  full  of  all  the  written  portions 
(f  each  and  every  old  lino  insurance  company  policy  or  policies  and  an  exact 
M>py  of  all  of  the  endorsements  written  thereon  and  schedules  and  forms  at- 
t  ached  thereto  ;  and  also  stating  the  entire  amount  of  concurrent  insurance  car- 
lied  in  all  of  said  old  line  policies  upon  the  building  and  contents  thereof  and 
•'  -t  w;h;  -.rate  premium  issues,  and  the  amount  of  concurrent  insurance 

1,'ated  ;it  the  same  premium  rate  as  charged  in  the  said  old  line  insur- 
should  be  paid  as  herein  required  to  the  Sinking  Fund  Com- 
nd  also  the  total  amount  of  concurrent  insurance  permitted  to  be 
irried   upon   said    buildings  and  contents  thereof  in  all  policies  including 
'ten  by  old  line  insurance  companies  and  the  Sinking  Fund  Cora- 
ls -aid  School  Trustees  or  Commissioners  or  school  official  or  officials 
vhose  duty  it  is  to  place  said  insurance  and  draw  said  warrant  to  pay  prem- 
urn,  shall   forward  one  duplicate  statement  to  the  State  Treasurer  at  Co- 
uiubin,  S.  C.,  aloiiff  with  said  premium  due  to  the  Sinking  Fund  Commission 

•  Pay;ll)'  '  Stnto  Treasurer  in  Columbia,  S.  C.,  and  shall  simultaneously1 

'her  said  duplicate  statement  to  the  secretary  of  the  Sinkinir  Fund 
Commission  at  Columbia,  S.  C.,  so  as  to  enable  the  Sinking  Fund  Commission 
fo  properly  issue  the  Sinkincr  Fund  Commission  policy. 

g  1761e.     Disposition  of  Premiums — How  Expended  by  Commission. That 

premiums  when  received  by  the  State  Treasurer  as  treasurer  of  the 
Sjnkmg  Fund  Commission  shall  be  paid  into  the  General  Insurance  Sinking 
Fund  of  the  Department  for  State  Insurance  of  Public  Property  provided  for 
in  Section  131  of  Volume  T.  of  the  Code  of  Laws  of  1912,  from  which  the  Sink- 
Mnd  Commission  shall  pay  all  fire  losses  for  which  they  are  liable  and 
the  expenses  necessary  for  the  proper  conduct  of  said  State  Insurant.-  of 
i  Ublic  Property  by  the  Sinking  Fund  Commission. 

§  1761f.     Payment  of  Losses  Distributed  Pro  Rata— To  Be  Sent  to  County 
•easurer.— That  in  the  event  of  loss  or  damage  by  fire  the  amount  paid  for 
.oss  or  damage  by  the  Commissioners  of  the  Sinking  Fund  shall   be 
rty-five  per  cent.   (45  per  cent.)  of  the  aggregate  amount  for  which  all  of 
the  concurrent  policies   including  the   Sinking  Fund   Commission   policv    is 


34  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

liable,  the  Commissioners  of  the  Sinking  Fund  settling  pro  rata  upon  the  same 
basis  upon  which  the  said  old  line  insurance  company  or  companies  settle 
their  proportoin  of  the  loss  whether  the  same  be  ascertained  and  fixed  by 
mutual  appraisement  or  arbitration  or  by  adjudication  in  the  Courts.  The 
loss  or  damage  apportioned  to  be  paid  by  the  Sinking  Fund  Commission  as 
herein  provided  shall  be  by  said  Comission  paid  over  to  the  County  Treasurer 
of  the  county  wherein  the  damaged  or  destroyed  school  property  is  located, 
to  be  by  said  County  Treasurer  paid  out  as  required  by  law  upon  the  proper 
warrant  or  order  of  the  proper  official  to  pay  for  the  repair,  restoration  or 
Bcbuilding  of  the  school  property  damaged  or  destroyed  by  fire. 

§  1761g.  Changes  to  Be  Made  as  Sinking  Fund  Assets  Increase — Per- 
centage of  Increase — Insurance  by  Sinking  Fund  Not  to  Exceed  50  Per  Cent, 
of  Assets — Statements  to  Be  Made  by  Sinking  Fund — Duty  When  Increase 
Ordered. — That  as  the  amount  of  assets  of  the  said  General  Insurance  Sinking 
Fund  for  State  Insurance  of  Public  Property  shall  increase  the  following 
changes  shall  be  made  in  the  proportionate  amount  of  concurrent  insurance 
respectively  carried  and  in  the  liability  respectively  incurred  by  said  reliable 
old  line  insurance  company  or  companies  and  by  the  Sinking  Fund  Commis- 
sion ;  commencing  with  the  said  assets  in  the  hands  of  the  Sinking  Fund  Com- 
mission, as  estimated  by  said  Commission,  on  December  31, 1915,  whenever  and 
as  often  as  said  Insurance  Sinking  Fund  assets  shall  increase  twenty-five 
pei'  cent.  (25  per  cent.)  the  amount  of  insurance  concurrently  carried  by  the 
Sinking  Fund  Commission  on  the  said  building  and  the  contents  thereof, 
shall  be  increased  five  per  cent.  (5  per  cent.)  the  percentage  of  insurance 
thereon  concurrrently  carried  by  said  old  line  insurance  companies  being 
proportionately  decreased :  Provided,  That  the  amount  of  insurance  so  carried 
concurrently  by  said  Sinking  Fund  Commission  upon  any  one  building  shall 
not  exceed  fifty  per  cent.  (50  per  cent.-)  of  the  said  Insurance  Sinking  Fund 
assets  in  the  hands  of  the  Sinking  Fund  Commission,  the  said  excess  over  50 
per  cent,  of  said  assets  which  the  Sinking  Fund  Commission  may  thus  not 
carry  shall  be  added  to  the  percentage  of  concurrent  insurance  carried  by 
said  old  line  insurance  company  or  companies  on  said  building.  It  shall  be 
the  duty  of  the  Commissioners  of  the  Sinking  Fund  to  prepare  statements 
showing  the  amount  of  these  insurance  assets  in  their  hands  on  the  30th  day 
of  June  and  the  31st  day  of  December  of  each  year  (or  more  often  if  they 
deem  it  necessary)  after  deducting  therefrom  all  amounts  paid  by  them  for 
losses  incurred  and  for  expenses  necessary  to  the  proper  conduct  of  the  busi- 
ness of  State  Insurance  of  Public  Property;  and  whenever  it  becomes  neces- 
sary to  require  the  said  five  per  cent,  increase  in  the  amount  of  concurrent 
insurance  to  be  obtained  from  the  Sinking  Fund  Commission  said  Commis- 
sion shall  give  notice  thereof  to  each  County  Superintendent  of  Education, 
whose  duty  it  shall  be  to  give  notice  of  said  increase  to  all  of  the  said  School 
Trustees,  School  Commissioners  and  other  school  official  or  officials  in  the 
county. 

§  1761h.  Statement  to  Be  Forwarded  by  County  Superintendent  of  Edu- 
cation—Duty of  School  Officials  to  Supply  Certain  Information.— That  the 
Qounty  Superintendent  of  Education  of  each  county  shall  between  the  15th 
of  May  and  the  15th  of  June  of  each  year  forward  to  the  secretary  of  the 
Sinking  Fund  Commission  at  Columbia,  S.  C.,  a  certified  statement  showing 
the  number  of  public  school  buildings  whether  held  or  operated  under  the 
ti-eneral  public  school  laws,  or  under  the  laws  applicable  to  special  school 
districts  in  the  county,  the  approximate  value  of  each,  and  whether  of  brick 
or  reinforced  concrete  structure  or  whether  of  other  construction,  how  much 
insurance  is  carried  on  each,  and  on  the  contents  thereof  and  the  date  of 
expiration  of  existing  insurance  policies,  and  it  shall  be  the  duty  of  said 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  35 

officials  charged  with  the  management  and  control  of  same  to  furnish 
.ich  [formation  to  the  said  County  Superintendent  of  Education  each  year 
i  tin  »  for  him  to  prepare  and  transmit  said  statement  as  above  required  to 
le  se  :retary  of  the  Sinking  Fund  Commission. 

§  1  61i.  County  Officials  to  Send  Commission  Certain  Information. — That 
sha  I  be  the  duty  of  the  County  Superintendent  of  Education  and  of  said 
U!MX  Trustees,  School  Commissioners,  and  other  school  officials  and  of  the 
dd  ;  gents  of  said  old  line  insurance  companies  carrying  insurance  so 
>ncu  -rent  with  that  carried  by  the  Sinking  Fund  Commission  as  herein 
"ovi<  ed  for,  to  promptly  send  in  writing  by  mail  to  the  secretary  of  the 
inki  g  Fund  Commission  all  such  information  as  he  may  request  of  them 
L  re^  ard  to  the  insurance  herein  provided  for  as  in  their  power  to  furnish. 

§  1  61  j.  Penalty  for  Violation  of  This  Act.— That  any  said  public  schoDl 
ficia  or  officials  upon  whom  the  duty  devolves  failing  or  refusing  to  carry 
it  tl  9  provisions  of  this  Act  relating  to  the  placing  with  said  old  line  insur- 
ice  ompany  or  companies  and  the  obtaining  from  the  Sinking  Fund  Com- 
issic  ri  proportionate  concurrent  insurance  upon  any  building  shall  be  guilty 
a  isidemeanor  and  upon  conviction  thereof  shall  be  fined  in  a  sum  not 
3s  t  ;an  twenty-five  ($25.00)  dollars,  nor  more  than  one  hundred  ($100.00) 
>llai  *  or  imprisonment  not  less  than  ten  nor  more  than  thirty  days. 

§  1  '61k.  Notice  of  Alteration  in  Policy  by  Old  Line  Companies  to  Be 
int  Commission  Immediately.— That  it  shall  be  the  duty  of  every  School 
•ust  ie  or  School  Commissioner  or  school  official  or  officials  receiving  from 
y  o  d  line  insurance  company  any  notice  concerning  the  cancellation  of  or 
bstitution  for  any  of  said  old  line  insurance  company  policies  running 
ncu  rrent  with  the  Sinking  Fund  Commission  policy  as  hereinabove  provided 
an  notice  concerning  any  increase  of  premium  thereon,  or  increase  of  the 
zarl  of  any  school  property  carried  therein  at  once  to  mail  under  im- 
•iiiat.o  delivery  postage  stamp  a  correct  copy  of  such  notice  to  the  secre- 
ry  )f  the  Sinking  Fund  Commission  and  promptly  and  at  all  times  to 
rnish  him  any  information  and  render  him  any  aid  in  their  power  to  carry 
t  tl  o  provisions  of  this  Act. 

§  17611.    Commission  to  Be  Notified  of  Refusal  or  Failure  of  Old  Line 

mpanies   to   Insure   School   Building1— Commission  May   Insure   for   Pull 

nornt  and  Reinsure  in  Old  Line  Company.— That  whenever  the  insurance 

be  carried  concurrently  and  proportionately  by  the  said  old  line  insurance 

tnpiniea  and  the  Sinking  Fund  Commission,  as  provided  in  this  Act,  on  any 

all  school  buildings  of  brick  or  reinforced  concrete  construction  and  the 

ite  its  thereof,  which  are  in  an  insurable  condition,  cannot  be  so  placed 

icurrently  and  proportionately  by  reason  of  the  old  line  insurance  com- 

ny  or  companies  refusing  or  failing  to  accept  and  issue  policy  or  policies  for 

!  a  nount  of  such  concurrent  insurance  apportioned  to  them  under  this  Act, 

MI  fhe  said  school  official  or  officials  whose  duty  it  is  to  obtain  such  insur- 

p  >hall  notify  the  Sinking  Fund  Commission  in  writing  of  the  said  failure 

e'usal  of  the  said  old  line  company  or  companies  to  accept  and  issue  in- 

ance   policy  or  policies  for  such   insurance   apportioned   and   offered   to 

km  and  at  the  same  time  to  send  to  the  Sinking  Fund  Commission  an  appli- 

1011  in  writing  directed  to  the  secretary  of  the  Commission,  at  Columbia, 

I.    requesting  the  Sinking  Fund  Commission  to  issue  a  policy  or  policies 

vmg  the  full  amount  of  insurance  to  be  carried  on  the  building  and 

s  thereof,  and  the  Sinking  Fund  Commission,  upon  payment  as  herein 

wdert  of  all  premiums  due  therefor,  may  issue  a  policy  or  policies  carrying 

f  said  insurance  and  reinsure  in  one  or  more  old  line  insurance  companies 


36  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

licensed  to  do  business  in  this  State,  the  percentage  thereof  which  under  th 
Act  would  have  been  apportioned  to  the  said  old  line  insurance  companies. 

Acts.  1916. 

Civ.  '02,  §  1218;  1896,  XXII,  165. 

§  1762.  Fund  for  Public  School  Buildings.— The  County  Boards  of  Edi 
cation  of  the  various  Counties  of  this  State  are  authorized  to  annually  s< 
aside  an  amount  equal  to  five  per  cent,  of  the  entire  public  school  funds  ( 
their  respective  Counties,  which  said  amounts  shall  be  used  by  the  sai 
County  Boards  of  Education  for  the  purpose  of  encouraging  and  aiding  in  tl 
construction  of  adequate  public  school  buldings  in  their  respective  Countie* 

1905,  XXIV,  905;  1910,  XXVI,  628. 

§  1763.  Additions  to  Funds. — When  the  friends,  patrons  or  trustees  < 
any  public  school  in  any  school  district  in  any  County  in  this  State  shall  rail 
by  private  subscription,  special  tax,  regular  tax,  sale  of  old  buildings,  issuir 
bonds,  or  otherwise  funds  for  building  a  school  house  in  such  district,  tl 
County  Board  of  Education  of  such  County  shall  turn  over  to  the  trustees  < 
such  school,  from  funds  set  aside  for  such  purpose  hereunder  fifty  dolla: 
($50)  for  each  one  hundred  dollars  ($100)  so  raised  by  such  friends,  patroi 
of  trustees  for  constructing  such  school  building:  Provided,  No  one  scho' 
shall  receive  more  than  three  hundred  dollars  ($300)  under  the  provisioi 
herein :  Provided,  That  in  the  case  of  the  consolidation  of  two  or  moi 
schools  an  additional  bonus  of  fifty  dollars  ($50)  may  be  granted:  Provide! 
further,  That  no  more  than  one  school  in  any  one  district,  in  any  one  yea 
shall  receive  such  aid. 

1905,  XXIV,  905;  1910,  XXVI,  628. 

§  1764.  Consolidated  Districts  to  Have  Preference. — County  Boards  \ 
Education  shall  give  the  preference  to  School  Districts  which  have  combine 
and  consolidated  two  or  more  school  buildings. 

J905,  XXIV,  905. 

§  1765.    Must  Comply  With  Plans  of  the  State  Board  of  Education.— AJI 

School  District  availing  itself  of  the   provisions  herein  shall  comply  wit 
plans  and  specifications  approved  by  the  State  Board  of  Education. 
1905,  XXIV,  905. 

§  1766.  Approval  of  County  Board  Necessary. — No  School  shall  receh 
aid  under  the  provisions  herein  without  the  approval  of  the  County  Boar 
of  Education. 


J905,  XXIV,  905. 


bo11 


§  1767.  How  Funds  Paid  Out. — The  funds  provided  for  herein  a 
shall  be  paid  out  by  the  County  Treasurer  only  upon  the  warrant  of 
County  Board  of  Education,  countersigned  by  the  County  Superintendent 
Education,  and  any  funds  not  used  by  the  end  of  the  year  shall  revert  ba 
to  the  general  school  fund  of  the  respective  Counties. 

1905,  XXIV,  905. 

§  1768.     Tax  Returns. — The  County  Auditor  shall  require  each  taxpay 
to  return  the  number  and  name  of  the  school  district  in  whicji  he  resi<| 
when  he  makes  his  tax  return,,  and  the  Auditor  shall  state  the  name  in  a  s( 
arate  column  in  the  tax  duplicates. 
•  Civ.  '02,  §  1219;  1896,  XXII,  165. 

'  §  1769.    Poll  Tax,  etc.,  to  Be  Reported.— The  County  Audito/,  when 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  37 

has  (  »rnpleted  the  tax  duplicates,  shall  report  to  the  County  Superintendent 
of  E  ucation,  by  school  districts,  the  names  listed    for    poll    tax,    and    the 
aiuoi   it  of  taxable  property  where  there  is  a  special  levy. 
Civ    '02  §  1220;  1896,  XXII  165. 

§     770.    Poll  Tax  Retained  in  the  County. — The  several  County  Treas- 
urer:  shall  retain  the  poll  tax  collected  in  their  respective  Counties;  and  it  is 
I  here  y  made  the  duty  of  the  said  Treasurer  in  collecting  the  pe»il  tax  to  keep 
I  an  a  count  of  the  exact  amount  of  said  tax  collected  in  each  school  district  in 
his  <  otinty,  and  the  poll  tax  collected  therein  shall  be  expended  for  school 
pur]  >ses  in  the  school  district  from  which  it  was  collected;  and  any  violation 
of  t    is  Section  by  the  County  Treasurer  shall  constitute,  and  is  hereby  de- 
clar-   1,  a  misdemeanor,  and  on  conviction  thereof  the  said  County  Treasurer 
shal    pay  a  fine  of  not  more  than  five  hundred  dollars,  to  be  used  for  school 
pur]  i')scs  in  the  County  suffering  from  such  violation,  or  imprisonment,  in 
tlit      iscretion  of  the  Court. 
Ci  .  '02,  §  1221;  1896;  XXII  165. 

§  1771.    County  Treasurer  to  Report  Who  Have  Paid  Poll  Tax. — Each 

Cou  ity  Treasurer,  when  he  has  finished  the  collection  of  taxes  for  his  County, 
siia.     report  to  the  County  Superintendent  of  Education  tht;  names  of  the 
;f>ere  )ns  in  the  respective  school  districts  who  .have  paid  their  poll  tax. 
Ci  j.  '02,  §  1222;  1896,  XXII  165. 

§  1772.  Treasurer  to  Make  Monthly  Reports  to  County  Superintendent  of 
JSdi  cation. — It  shall  be  the  duty  of  each  County  Treasurer  to  report  monthly, 
on  he  fifteenth  day  of  each  month,  to  the  County  Superintendent  of  Educa- 
tioi  of  his  County  the  amount  of  collections  and  disbursements  made  by  him 
for  the  month  on  account  of  school  tax  and  all  other  school  funds;  and  it 
sha  1  bo  a  misdemeanor  on  the  part  of  any  County  Treasurer  to  neglect,  fail 
or  i  efuse  to  make  such  report,  and  on  conviction  thereof  he  shall  pay  a  fine  of 
not  mure  than  five  hundred  dollars,  the  same  to  be  used  for  school  purposes 
in  l.is  County. 

C  v.  '02  §  1223;  1896,  XXII  165. 

§  1773.  Moneys— How  Disbursed.— All  moneys  disbursed  by  any  County 
Treasurer  on  account  of  school  funds,  taxes  or  other  school  funds  shall  be 
pai  1  on  the  order  of  the  Board  of  School  Trustees,  countersigned  by  the 
Conn:  Superintendent  of  Education,  or  as  otherwise  directed  by  law. 

Note.  Distinction  between  countersigning,  and  drawing  a  warrant  on 
school  fu  ..•!'  •••.  Hoard  of  Commissioners  Florence  Graded  School,  In 

Re  McDuffie,  School  Commissioner,  43  S.  C.  11. 

Civ.  '02  §  1224;  1896,  XXII,  165. 

!i  1774.     County  Treasurer  to  Make  a  Report  to  State  Superintendent.— 

Each  County  Treasurer  shall  make  out  and  forward  to  the  Stace  Superinten- 
tteit  of  Education  annually,  on  the  first  day  of  November,  a  certified  state- 
Bwnt  showing  (by  school  districts)  the  amount  of  poll  tax  and  the  amount  of 
all  other  school  taxes  collected  by  him  for  the  fiscal  year  ending  on  the  31st 
day  of  December  next  preceding;  and  should  any  County  Treasurer  fail  or 
uesrlc-  :  use  to  make  and  forward  the  statement  as  herein  required,  the 

State  Superintendent  of  Education  shall  make  a  written  complaint  to  the 
Circuit  Solicitor  for  tic  County  in  which  the  said  Treasurer  resides,  who 
shall  prosecute  the  said  County  Treasurer  for  the  same,  and  on  conviction 
thereof  he  shall  he  subject  to  a  fine  not  more  than  five  hundred  dollars,  the 
same  to  he  used  for  f:v<-  public  school  purposes  in  his  County*. 
v.  '02,  §  1225;  1896,  XXII,  165. 


38  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

§  1775.  Unexpended  Balances  to  Be  Carried  Forward. — The  Count} 
Treasurer  shall  carry  forward  all  sums  in  his  hands  collected  for  any  previ- 
ous year  or  years  for  school  purposes,  and  unexpended,  to  the  ,next  fisca 
year,  and  credit  the  same  to  the  school  district  respectively  for  which  it  wai 
apportioned,  and  he  shall  report  the  same  to  the  County  Superintendent  o! 
Education. 

Civ.  '02,  §  1226;  1896,  XXII,  165. 


§  1776.  Unlawful  for  Certain  Officers  to  Discount  Teachers'  Pay  Certif 
cates. — It  shall  be  unlawful  for  any  County  Treasurer,  County  Auditor,  men; 
her  of  County  Board  of  Education,  or  School  Trustee  to  buy,  discount  o; 
share,  directly  or  indirectly,,  or  be  in  any  way  interested  in  any  teacher's  pa;. 
certificate  or  other  order  on  school  fund,  except  such  as  are  payable  to  hir 
for  his  own  services,  or  for  any  school  Trustee  to  make  any  contract,  or  b 
pecuniarily  interested,  directly,  in  any  contract  with  any  school  district  oi 
which  he  is  Trustee. 

Civ.  '02,  §  1227;  1900,  XXIII,  366. 

Note.     See  Grim.  Code  for  penalty  for  violation  of  this  Section. 

§  1777.    Trustees  to  Regulate  the  School  Terms — Contracts  of  Trustees.- 

The  County  Board  of  Education  shall  regulate  the  opening  and  closing  oj 
the  school  terms  so  as  best  to  promote  and  subserve  the  educational  interes1 
of  the  different  sections  of  their  Counties :  Provided,  That  all  contracts  whicl 
Boards  of  Trustees  may  make  in  excess  of  the  funds  apportioned  to  •  theii 
districts  shall  be  void.  And  no  teacher  shall  be  employed  by  a  Board  oJ 
Trustees  of  any  school  district  who  is  related  to  a  member  of  the  Board  bj 
consanguinity  or  affinity  within  the  second  degree,  without  the  written  ap 
proval  of  the  Board  of  Education  of  the  County,  nor  unless  a  majority  of  the 
parents  or  guardians  of  the  children  attending  the  school  for  which  sue! 
teacher  is  employed  requests  such  employment  in  writing. 
Civ.  '02,  §  1228;  1900,  XXIII,  366. 

Note.  Contracts  in  excess  of  funds  are  void,  being  beyond  the  power  o: 
the  trustees,  State  v.  Bowman,  66  S.  C.  153. 

A  petition  should  be  signed  by  the  parent  as  desiring  the  employment  of  ! 
relative  of  a  trustee  as  teacher  and  the  approval  of  the  County  Board  01 
Education  should  be  endorsed  thereon.  Atty.  Gen.  op.  1905,  p.  65. 

The  term  "second  degree"  includes  persons  related  as  uncle  and  nephew 
or  niece,  first  cousins  and  those  nearer.  Atty.  Gen.  op.  1904,.  p.  42.  N 

After  the  petition,  nomination  or  request  in  writing  is  submitted,  it  is  foi 
the  trustees  to  elect  or  not  as  they  see  proper.  Atty.  Gen.  op.  1903,  p.  107£» 

§  1778.  Age  of  Attendance.— It  shall  not  be  lawful  for  any  person  who  j; 
less  than  six  or  more  than  twenty-one  years  of  age  to  attend  any  of  the  fre< 
public  schools  of  this  State. 

Civ.  '02,  §  1229;  1896,  XXII,  170. 

Note.  Since  the  passage  of  the  Act  of  1913,  permitting  trustees  to  estab 
lish  free  kindergartens,  this  Section  has  been  modified  to  the  extent  of  al- 
lowing children  under  six  years  of  age  to  attend  kindergartens  established 
under  the  Act.  Atty.  General. 

§  1778a.  Kindergarten  Schools  Established. — Any  County  Board  of  Edu 
cation  throughout  the  State,  upon  recommendation  of  district  trustees 
whether  known  by  that  name  or  another,  whether  created  by  general  01 


SCHOOL  LAW  OF  SOUTH  CAROLINA 


cial  Act,  shall  have  power  to  establish  and  provide  for  kindergartens  for 

e  education  of  the  children  of  not  less  than  four  years  of  age  within  their 

r«  spective  jurisdictions,  but  no  child  under  the  age  of  six  years  shall  be 

c  uuted  in  the  average  attendance  of  any  public  school  district  when  public 

s«  hool  funds  are  to  be  apportioned  to  the  several  school  districts. 

§  1778b.  Said  kindergartens,  when  so  established,  shall  be  a  part  of  the 
f '  ee  common  school  system  of  this  State  and  all  funds  now  available,  or 

:ich  mny  hereafter  become  available,  for  the  maintenance  of  said  system, 
;i  ,d  Jill  other  funds  which  may  come  into  the  hands  of  said  Boards  of  Educa- 
;  m  for  educational  purposes  shall  be  available,  in  due  proportion,  for  the 
c  tablishment  and  maintenance  of  said  kindergartens. 

§  1778c.  Equipment  of  Teachers. — No  teacher  or  instructor  shall  be  em- 
I  oyed  to  teach  in  the  kindergartens  of  this  State  who  has  not  caken  at  least 
a  two  years'  course  in  kindergarten  training  and  received  a  certificate  or 
(1  ploma  from  a  recognized  kindergarten  normal  training  school  approved  by 
t  ,e  State  Board  of  Education. 

§  1778d.  Counties  Excepted.— All  laws  and  parts  of  laws  in  conflict  with 
1  iis  Act  be,  and  the  same  are  hereby,  repealed:  Provided,  however,  That 
t  ie  terms  of  this  Act  shall  not  apply  to  the  counties  of  Sumter,  York,  Green- 

(MM I,  Bamberg,  Abbeville,  Saluda,  Lee,  Aiken,  Jasper,  Chesterfield  and 
^  /illiamsburg. 

Acts  1913. 

§  1779.  State  and  County  Boards  and  Trustees  Exempted  from  Militia 
I'uty. — The  members  of  the  State  Board  of  Education  appointed  by  the  Gov- 
ernor, members  of  the  County  Boards  of  Education  appointed  by  the  State 
1  -oard  of  Education  and  members  of  the  Board  of  Trustees  shall  be  exempt 
i  om  militia  duty. 

Civ.  '02,  §  1230;  1896,  XXII,  170;  1901,  XXIII,  638. 

Note.  School  trustees  and  teachers  employed  in  public  schools  are  ex-. 
cnipted  from  liability  to  work  on  the  public  roads,  24  Stats.  874. 

See  Crim.  Code  for  penalty  for  members  of  County  Boards  of  Education 
MM!  school  trustees  attempting  to  act  after  expiration  of  their  term,  or  re- 
i  loval  from  office;  and  for  teachers  acting  as  agent  for  school  books. 

1780.  Mixed  Schools  Unlawful.— It  shall  be  unlawful  for  pupils  of  one 
ia(M>  to  attend  the  schools  provided  by  Boards  of  Trustees  for  persons  of 
mother  race.  • 

Civ.  '02,  §  1231;  1896,  XXII,  170. 

Note. — Flood  vs.  News  and  Courier  Company,  71  S.  C.  112. 

§  1781.     Scholastic  Year.— The  scholastic  year  shall  begin  on  the  first  daj 
of  July  of  each  year  and  end  on  the  thirtieth  day  of  June  following. 
Civ.  '02,  §  1232;  1896,  XXII,  170. 

§  1782.  Public  Schools  to  Be  Kept  Open  Three  Months.— The  free  public 
schools  of  the  State  shall  be  kept  open  and  the  exercises  thereof  continued, 
in  each  school  district  in  the  State,  for  a  period  of  at  least  three  months  iii 
racli  and  every  year. 

Civ.  '02,  §  1233;  1899,  XXIII,  112. 

§  1783.  Appropriation  to  Increase  School  Terms.— Not  less  than  the  SUIM 
of  sixty  thousand  dollars  be  appropriated  annually  for  the  purpose  of  increa* 


40  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

ing  the  average  length  of  the  free  school  term,  in  this  State  in  accordance  with 
and  by  authority  expressed  in  Section  6,  Article  XI,  of  the  Constitution  of 
1895. 

1910,  XXVI,  791. 

§  1784.  Same. — No  more  than  one  hundred  dollars  shall  be  appropriated 
to  any  one  school  in  any  one  scholastic  year,  but  no  school  now  running  for 
a  period  of  one  hundred  days  or  more,  or  hereafter  to  run  a  period  of  one 
hundred  days  or  more,  out  of  funds  accruing  to  said  schools  from  the  regular 
school  funds  shall  receive  aid  from  this  appropriation.  And  no  school  shall 
receive  aid  under  authority  of  this  Section  unless  the  district  in  which  said 
school  is  located  does  now  or  hereafter,,  shall  first  levy,  in  accordance  with 
law,  at  least  two  mills  special  school  tax. 

1910,  XXVI,  791. 

§  1785.  Same. — Schools  running  less  than  one  hundred  days,  as  provided 
heroin,  may  receive  aid  from  this  fund  in  amounts  equal  to  the  amounts 
raised  by  special  taxation,  not  to  exceed  one  hundred  dollars  for  any  one 
school. 

1910,  XXVI,  791. 

§  1786.  Same. — Funds  appropriated  under  the  terms  of  this  Section  shall 
not  become  available  in  any  school  district  except  upon  petition  of  the  Board 
of  Trustees  of  the  school  district  asking  aid,  approved  and  countersigned  by 
the  County  Superintendent  of  Education  for  the  county  in  which  the  district 
is  located. 

1910,  XXVI,  791. 

§  1787.  Same. — The  State  Superintendent  of  Education  may  refuse  aid 
under  the  provisions  of  this  section  if  it  is  made  to  appear  to  him  that  the 
expenditure  would  be  unwise  and  detrimental  to  the  interest  of  free  school 
education  in  said  district. 

1910,  XXVI,  791. 

§  1788.  Same. — The  State  Superintendent  of  Education,  with  the  State 
Board  of  Education,  shall  provide  rules  and  regulations  for  the  distribution 
of  this  fund,  and  shall  advise  such  regulations  to  the  various  County  Super- 
intendents of  Education,  who,  in  turn,  shall  advise  the  various  district  trus- 
tees. 

1910,  XXVI,  791. 

§  1789.     Same. — Applications  must  be  filed  in  order  of  their  receipt,  and 
paid  or  refused  in  the  same  order. 
1910,  XXVI,  791. 

§  1790.  Annual  Capitation  Tax  on  Dogs. — There  shall  be  imposed  and 
assessed  on  all  dogs  in  this  State  a  capitation  tax  of  fifty  cents  annually  on 
each  dog,  except  in  the  county  of  Horry,  where  said  capitation  tax  shall  be 
one  dollar,  the  proceeds  of  which  shall  be  expended  for  school  purposes  in 
the  several  school  districts  in  which  it  is  collected. 

1909,  XXVI,  88. 

§  1792.  Acts  Creating  Special  Graded  School  Districts  Not  Repealed — 
Annual  Reports — Special  Tax  and  Tuition. — Nothing  contained  in  this  Article 
shall  be  construed  to  repeal  the  Acts  of  the  General  Assembly  creating  special 
and  graded  school  districts,  and  the  provisions  of  said  Acts  shall  apply  to  said 
school  districts :  Provided,  That  the  Trustees  of  said  school  districts  and 
Commissioners  of  the  city  schools  of  Charleston  shall  make  annual  reports  to 


GENERAL    SCHOOL    LAW  OF  SOUTH  CAROLINA  41 

the  State  Superintendent  of  Education  in  such  form  and  at  buch  time  as  ke 
aha!  prescribe :  Provided,  further,  Whenever  under  the  provisions  of  law 
juiy  school  district  or  municipal  corporation  is  authorized  to  levy  a  special 
tax  for  the  support  of  public  schools  therein,  any  person  not  a  resident  of 
«aic:  school  district  or  municipal  corporation  shall  be  entitled  to  a  credit  upon 
feeh  for  the  tuition  of  his  or  her  children  by  the  amount  of  such  special  tax 
pai<  by  such  person. 

C  /.  '02,  §  1238;  1899,  XXII,  514. 

£  1793.  Text-Books  Provided  at  Cost— Funds— Depositories,  etc.— The 
Co"  nl  v  Boards  of  Education  of  the  several  Counties  of  this  State  are  hereby 
aut  lorized^ind  required  to  set  aside  from  the  public  school  funds  of  their  re- 
spc  f,tive  Counties  an  amount,  not  exceeding  five  hundred  dollars,  for  the  pur- 
]>o^  j  oi'  providing  the  pupils  attending  the  free  public  schools  of  their  Coun- 
•  tie:  i  <>ol  text-books  at  actual  cost  or  exchange  prices.  The  amount 

so  et  aside  from  the  school  fund  shall  be  paid  to  the  County  Superintendent 
of  Education  by  the  County  Treasurer  out  of  the  unappropriated  general 
scl  )ol  i'unds  in  his  hands,  on  the  warrant  of  the  said  County  Board  of  Educa- 
tin  i,  ;:nd  shall  be  and  remain  a  permanent  fund  in  the  hands  of  the  County 
Su  >erintendent  of  Education,  to  be  used  in  purchasing  and  keeping  on  hand 
scl  ool  text-books  for  sale  to  pupils  attending  the  free  public  schools  of  his 
Co  inty  for  cash,  at  actual  cost  or  exchange  prices,  and  to  be  used  for  no  other 
pu  -pose  and  in  no  other  manner;  and  the  places  where  said  school  text-books 
ar-  ikept  and  sold  shall  be  deemed  depositories,  under  control  of  the  State, 
as  provided  in  the  seventh  article,  or  provision  in  the  seventh  article,  or 
pi-  >  vis  ion  in  the  contract  made  in  1893  with  the  publishers  of  school  text- 
bo  )ks.  That  the  County  Superintendent  of  Education  in  every  County 
in  the  State  be,  and  is  hereby,  required  to  keep  his  office  open  each  day 
of  tl;-  prior  to  the  time  appointed  for  school  to  open  in  his  County, 

''or  cue  week  immediately  thereafter,  and  for  at  least  one  day  in  each 
'.v«-ek  during  the  remainder  of  the  school  term,  for  the  convenience  of 
th)se  i  to  purchase  books:  Provided,  That  in  the  Counties  of  Charles- 

to  i,  Chesterfield,  Edprefield,  Kershaw,  Lancaster,  Laurens,  Greenwood,  Lex- 
inrton,  Kichlaml.  the  County  Boards  of  Education  are  hereby  authorized 
aid  •  red,  but  not  requiijito  carry  out  the  provisions  of  this  Sec- 

tion: Provided,  however,  That^BUiing  herein  shall  prevent  the  keeping  of 
tsflid  >me  other  JIB  than  the  office  of  the  Superintendent  of 

E  hie,:' ion,  if  in  his  judgment  it  is  the  best  to  do  so. 

Civ.  '02,  §  1239;  1897,  XXII,  428;  1898,  XXII,  762;  1902,  XXIII,  1020;  1903,  XXIV, 
IP-;;  1905,  XXIV,  837;  1907,  XXV,  481;  1908,  XXV,  1123. 


g  1794.     School  Trustees  May  Purchase  Books  for  Certain  Pupils.— When- 

shall  1  to  appear  to  the  satisfaction  of  the  Trustees  of  any 

ihat  any  patron  of  such  school  is  unable  by  reason  of  poverty 

1<>  purchase  the  ii*  books  for  the  use  of  his  or  her  child  or  children, 

such  school  district  may,  in  their  discre- 

Mieh  ii'  •  or  such  pupils,  and  furnish  the  same  to 

under  such  regulations  as  the  Trustees  may  prescribe:  Provided,  The 

-.ponded   for  the  puv  :'  said  books  shall  not  exceed  the  sum 

« •!'  <>f  all  the  school  fund  of  said  district  in  any  one  year:  Provided, 

further,  That  the  books  so  purchased  shall  be  the  property  of  such  public 

school  district  and  must  be  returned  to  the  Board  of  Trustees  at  the  end  of 

-   <ac: 

1902,  XXIII,  1020. 

§  1795.     School  Book  Depositories.— The  County  Superintendents  of   IH- 
tion  in  the  several  Counties  of  this  State  are  hereby  authorized  and  ro.'jum  <] 


42  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

to  select  and  secure  a  reliable  merchant,  postmaster  or  other  reliable  persoi 
in  each  Township  in  each  County,  with  whom  there  shall  be  deposited  j 
sufficient  number  of  school  books  for  sale  for  schools  in  the  Township,  a 
not  exceeding  ten  per  cent,  above  first  cost;  and  that  accurate  account 
thereof  shall  be  kept  by  the  said  County  Superintendent  with  each  de 
pository. 

1905,  XXIV,  877. 

§  1796.  Fund  for  Free  Library.— Whenever  the  patrons  and  friends  o 
a  free  public  school  shall  raise,  by  private  subscription,  and  tender  to  th< 
County  Treasurer,.  Avith  the  approval  and  endorsement  of  the  school  Trus 
tees  of  such  school  district,  for  the  establishment  of  a  library  to  bi  connecte< 
with  the  said  school,  the  sum  of  ten  dollars,  the  County  Board  of  Educatio] 
shall  appropriate  from  the  money  belonging  to  the  school  district  asking 
for  the  library,  the  sum  of  ten  dollars  for  this  purpose  (together  with  tei 
dollars  from  the  general  County  school  fund)  for  a  suitable  bookcase  whiel 
shall  be  approved  by  the  County  Board  of  Education. 

1904,  XXIV,  391;  1905,  XXIV,  877;  1908,  XXV,  1024. 

§  1797.  How  Money  to  be  Paid. — As  soon  as  the  County  Board  of  Educa 
tion  of  any  County  shall  have  made  an  appropriation  for  a  library  in  th< 
manner  prescribed,  the  County  Superintendent  shall  inform  the  Secretary 
of  the  State  Board  of  Education  of  the  fact,  whereupon  the  said  State  Boarc 
of  Education  shall  remit  the  County  Superintendent  the  sum  of  ten  dollari 
for  the  purchase  of  books  for  said  library.  Upon  the  receipt  of  this  money 
the  County  Superintendent  shall  deposit  the  same  with  the  County  Treasure 
and  shall  issue  to  the  person  or  persons  appointed  to  select  the  books,  i 
warrant  on  the  County  Treasurer  for  the  amount  secured  by  private  subscrip 
tion,  by  appropriation  from  the  County  Board  of  Education,  and  by  the  Stati 
Board  of  Education. 

1904,  XXIV,  391;   1905,  XXIV,  877. 

§  1798.  Selection  of  Books.— The  local  Board  of  Trustees  is  hereby  ap 
pointed  to  select  the  books  and  shall  select  such  books  as  they  may  deem  bes 
suited  for  such  purpose,  and  file  with  the  Bounty  Superintendent  of  Educa 
tion  vouchers  for  the  whole  amount  received:  Provided,.  That  no  voucher; 
shall  be  valid  except  for  books,  book-cases,  and  transportation  charges 
Provided,  further,  That  such  purchases  shall  be  from  a  list  furnished  by  tin 
State  Board  of  Education,  which  the  said  State  Board  shall  adopt  "book: 
for  libraries"  under  the  law  and  rules  governing  the  adoption  of  text-books 
and  shall  make  rules  for  the  governing  of  said  libraries. 

1904,  XXIV,  391;   1905,  XXIV,  877. 

§  1799.  Preservation  of  Books. — The  Trustees  of  every  library  shal 
carry  out  such  rules  and  regulations  for  the  proper  use  and  preservation  o: 
the  books  as  may  be  enjoined  by  the  State  Board  of  Education,  and  shal 
make  provisions  for  having  all  books,  when  not  in  circulation,  kept  unde] 
lock  and  key. 

1904,  XXIV,  391;  1905,  XXIV,  877. 

§  1800.  Exchange  of  Libraries. — The  Trustees  of  two  or  more  libraries 
may  by  agreement  exchange  libraries:  Provided,  That  no  exchange  shall  b< 
made  oftener  than  once  in  six  months,  and  no  part  of  the  expense  of  ex 
changing  libraries  shall  be  borne  by  the  public. 

1904,  XXIV,  391;  1905,  XXIV,  877 

§  1801.     Appropriation. — That  the   sum  of  five   thousand   dollars   be   an 


I 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  43 

nually  appropriated  to  be  expended  by  the  State  Board  of  Education,  under 
th«-  provisions  of  Section  1796. 
1904,  XXIV,  391;   1905,  XXIV,  877 

§  1802.  Number  of  Schools  Entitled  to  Benefit. — Not  more  than  twenty- 
five  schools  in  any  County  shall  be  entitled  to  the  benefits  of  Section  1796. 
The  schools  receiving  this  benefit  shall  be  decided  by  the  County  Boards  of 
Education :  Provided,  That  the  State  Board  of  Education,  after  having  set 
aside  enough  of  this  appropriation  to  meet  the  needs  and  demands  of  the 
schools,  may  use  the  balance  to  pay  transportation,  dray  age  and  other  neces- 
sary expenses  in  the  circulation  of  any  traveling  libraries  which  may  be 
donated  or  loaned  to  the  State,  and  also  for  any  traveling  cabinets  of  museum 
specimens  which  may  be  furnished  under  similar  terms:  Provided,  further. 
That  any  additional  balance  may  be  used  for  prizes  for  rural  school  improve- 
ment, under  such  terms  and  rules  as  the  State  Board  of  Education  may  ar- 
range with  the  State  School  Improvement  Association. 

1904,  XXIV,  391;  1905,  XXIV,  877;  1908,  XXV,  1024. 

§  1803.  Enlargement  of  Libraries. — Whenever  the  patrons  or  friends  ef 
any  free  public  school  in  which  a  library  has  been  established  under  the  pro- 
visions of  the  laws  of  this  State,  shall  raise,  by  private  subscription,  and 
tender  the  Treasurer  of  the  County  School  Fund,  the  sum  of  five  dollars  for 
the  enlargement  of  the  library,  the  County  Board  of  Education  shall  approp- 
riate from  the  money  belonging  to  that  school  district  the  sum  of  five  dollars, 
and  the  State  Board  of  Education  shall  remit  to  the  County  Superintendent 
of  Education  the  sum  of  five  dollars.  The  money  thus  collected  and  approp- 
riated shall  be  used  for  the  enlargement  of  libraries  already  established,  un- 
der the  same  rules  and  restrictions  as  govern  the  establishment  of  new  li- 
braries :  Provided,  No  appropriation  shall  be  made  for  the  purpose  of  enlarg- 
ing any  established  library  where  the  same  will  prevent  or  interfere  with  the 
establishing  of  a  new  library. 

1905,  XXIV,  879. 

§  1804.  Unlawful  to  Use  Condemned  Books.— In  all  schools  and  colleges 
within  this  State  which  are  supported  in  whole  or  in  part  from  the  free  school 
funds,  it  shall  be  unlawful  to  use  any  text-book  which  has  been  condemned 
or  disapproved  by  the  State  Board  of  Education. 

Civ.  '02,  §   1240;   1898,  XXII,  763. 

§  1805.  Old  School  Claims  Paid.— All  persons  holding  school  claims 
against  any  County  of  this  State  which  are  unpaid  are  hereby  permitted  and 
allowed  to  prove  and  establish  the  same  before  the  County  Superintendent  of 
Education,  the  County  Treasurer  and  County  Auditor  of  said  County. 

If  said  claims  are  declared  valid  and  binding  obligations  by  said  County 
Superintendent  of  Education,  Auditor  and  Treasurer  against  the  school  dis- 
!  rict  for  which  they  are  issued,  the  County  Treasurer  of  said  County  is  hereby 
authorized  and  directed  to  pay  any  of  said  claims  declared  valid  out  of  th« 
first  money  coming  in  his  hands  as  Treasurer  belonging  to  the  school  district 
against  which  said  claim  or  claims  are  established. 

Civ.  '02,  §  1241;  1894,  XXI  786;  1896,  XXII,  122. 

§  1806.  Officers  Authorized  to  Borrow  Money  to  Pay  School  Claims — 
Amount,  Interest  and  Disbursement.— The  County  Treasurers,  and  the  County 
Supervisors  of  the  several  Counties  in  this  State  be,  and  they  are  hereby,  au- 
thorized and  required  upon  the  application  of  the  County  Boards  of  Educa- 
tion of  the  respective  Counties  to  borrow,  from  time  to  time  during  any  fiscal 
oar,  such  sums  of  money  as  may  be  necessary  to  pay  the  school  claims  of 


44  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

such  Counties,  not  to  exceed  seventy-five  per  cent,  of  the  amount  reported  by 
the  County  Auditors  for  schools  for  said  fiscal  year,  at  a  rate  of  interest  not 
exceeding  the  rate  of  seven  per  centum,  per  annum,  and  to  pledge  the  taxes 
to  be  collected  for  that  purpose  for  the  payment  of  the  money  so  borrowed 
and  the  interest  thereon :  Provided,  That  all  money  borrowed  shall  be  held 
end  paid  out  by  the  County  Treasurer  as  school  funds  and  without  extra 
commission. 

1902,  XXIII,  1019. 

§  1807.  Reserve  Fund  to  Place  Schools  on  Cash  Basis. — In  any  County 
in  this  State  where  the  schools  have  not  funds  sufficient  to  pay  all  claims  in 
cash,  the  County  Board  of  Education  may,  at  its  discretion,  direct  the 
County  Superintendent  of  Education  to  set  aside  from  the  school  funds  of 
the  County,  or  any  of  the  school  districts,  an  amount  annually  of  not  ex- 
ceeding ten  per  cent,  of  such  funds,  for  so  many  years  as  may  be  necessary  to 
create  a  sufficient  fund  to  put  the  schools  of  such  County  of  any  of  the  school 
districts  on  a  cash  basis. 

1902,  XXIII,  1019. 

§  1808.  Reserve  Fund — How  Used  and  Maintained. — Whenever  said  re- 
serve fund  reaches  an  amount  sufficient  to  put  said  County  or  school  district, 
as  the  case  may  be,  on  a  cash  basis,  then  said  fund  may  be  used  for  said  pur- 
pose: Provided,  That  in  each  year  during  the  time  necessary  to  create  such 
reserve  fund,  the  County  Superintendent  of  Education  shall  use  the  fund  ac- 
cumulated as  a  loan,  Avithout  interest,  to  pay  claims  held  by  teachers  to  whom 
the  pay  certificates  were  originally  issued,  the  funds  so  used  to  be  replaced 
annually  from  taxes  collected  for  school  purposes. 

1902,  XXIII,  1020. 

§  1809.  Students  of  Public  Schools  to  Observe  Arbor  Day.— The  free  pub- 
lic schools  of  this  State  shall  observe  the  third  Friday  in  November  of  each 
year  as  Arbor  Day,  and  on  that  day  the  school  officers  and  teachers  shall 
conduct  such  exercises  and  engage  in  the  planting  of  such  shrubs,  plants  and 
trees  as  will  impress  on  the  minds  of  the  pupils  the  proper  value  and  appre- 
ciation to  be  placed  on  flowers,  ornamental  shrubbery  and  shade  trees. 

Civ.  '02,  §  1242;  1898,  XXII,  760. 

§  1810.  South  Carolina  Day  to  Be  Observed. — The  public  schools  of  this 
State  shall  observe  Calhoun's  birthday,,  the  18th  of  March,  of  each  year,  as 
" South  Carolina  Day,"  and  on  that  day  the  school  officers  and  teachers  shall 
conduct  such  exercises  as  will  conduce  to  a  more  general  knowledge  and 
appreciation  of  the  history,  resources  and  possibilities  of  this  State :  Pro- 
vided, That  if  said  day  shall  fall  on  Saturday  or  Sunday,  that  the  Friday 
nearest  to  March  18th  shall  be  selected :  Provided,  further,  That  if  any  school 
shall  not  be  in  session  the  said  date,  that  the  celebration  may  be  held  before 
the  close  of  the  term. 

That  the  State  Superintendent  of  Education  shall  suggest  such  topics  or 
programmes  as  he  may  deem  appropriate  for  the  celebration  of  South  Caro- 
line Day. 

1906,  XXV,  22. 

§  1811.  Officers  and  Trustees  of  Certain  Institutions  to  Report  to  State 
Superintendent. — The  Trustees,  officers  or  persons  in  charge  of  all  literary, 
scientific  or  professional  institution  of  learning  incorporated,  supported  or 
aided  by  the  State,  of  all  schools  or  private  educational  institutions,  shall,  on 
or  before  the  fifteenth  day  of  Juty  in  each  year,  make  a  report  in  writing  to 
the  State  Superintendent  of  Education,  of  such  statistics  as  the  Superinten- 


N 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  45 

lent  shall  prescribe  relating  to  the  number  of  pupils  and  instructors,  courses 
>f  study,  cost  of  tuition  and  the  general  condition  of  the  institution  or  school 
inder  their  charge. 

Blank  Forms  of  Inquiry. — The  Superintendent  shall  prepare  blank  foraifc 
>f  inquiry  for  such  statistics,  and  shall  send  the  same  to  every  such  institution 
or  school  on  or  before  the  10th  day  of  May  in  each  year ;  and  so  much  of  said 
information  as  he  may  deem  proper  to  be  incorporated  in  his  annual  report. 

Civ.  '02,  §  1243;  1896,  XXII,  172. 

§  1812a — .Districts  May  Establish  High  School — Any  common  school  dis- 
trict or  any  aggregation  of  adjoining  districts  within  the  State  may  establish 
a  high  school  in  the  manner  and  with  the  privileges  herein  given. 

§  1812b.  Trustees  May  Establish  High  School— Proviso.— The  trustees  of 
any  common  school  district  or  of  any  aggregation  of  adjoining  districts  may 
establish  a  high  school :  Provided,  That  such  high  school  meet  all  the  require- 
ments of  this  Act  and  the  regulations  of  the  State  Board  of  Education. 

§  1812c.  Board  of  Trustees. — If  a  single  common  school  district  establish 
a  high  school,  the  board  of  trustees  of  that  district  shall  be  the  high  school 
board  of  trustees;  and  if  any  two  or  more  districts  establish  a  high  school, 
the  board  of  trustees  of  the  district  in  which  the  high  school  is  located,  to- 
gether with  the  chairman  or  chairmen  of  the  other  district  or  districts  shall 
constitute  the  high  school  board  of  trustees. 

§  1812d.  High  Schools  in  Being  May  Claim  Benefit  of  Act.— Any  public 
high  school  already  established  may  claim  the  privileges  of  this  Act:  Pro- 
vided, That  it  conforms  to  the  requirements  of  this  Act  and  the  regulations 
of  the  State  Board  of  Education:  Provided,  further,  That  nothing  in  this  Act 
shall  he  construed  to  repeal  any  of  the  privileges  granted  them  in  the  specialj 
Acts  of  the  General  Assembly. 

§1812e.    Powers  of  State  Board  of  Education.— The  State  Board  of  Educa- , 

i inn  shall  have  full  authority  to  prescribe  all  such  regulations  as  may  not  be 
inconsistent  with  this  Act,  to  provide  for  the  inspection  and  classification  of 
th«-  high  schools  under  this  Act,  to  make  regulations  for  the  appointment  and 
disbursement  of  the  State  appropriation  under  this  Act,  and  to  pay  out  of  the 
Slate  appropriation  the  traveling  expenses  of  a  high  school  inspector. 

§  1812f.  Conditions  of  Appropriation. — No  high  school  shall  receive  an 
appropriation  under  this  Act,  unless  it  has  as  many  as  two  teachers  in  the 
hiii-h  school  department,  and  an  enrollment  of  at  least  twenty-five  high  school 
pupils:  Provided,  That  not  more  than  $500  annually  may  be  given  to  a  high 
.vcl.ool  with  two  teachers,  nor  more  than  $600  to  a  high  school  with  three 
teachers,  nor  more  than  #700  to  a  high  school  with  four  teachers  or  more: 
Provided,  however,  That  additional  appropriations  may  be  made  for  the  at- 
ieiulance  of  high  school  pupils  from  outside  the  high  school  territory  and  for 
meritorious  work  in  agriculture,  manual  training  and  domestic  science. 

§  1812g.  Special  Tax  Prerequisite.— No  part  of  the  appropriation  under 
this  Act  shall  be  given  to  any  high  school,  unless  the  district  or  districts  com- 
p.-ising  the  high  school  district  are  levying  or  shall  levy  a  special  tax  of  not 
M-SS  than  four  mills,  levied  and  collected  as  a  general  school  tax,  a  high  school 
'ax,  or  both. 

§  1812h.  Teacher  Training  Courses— Provisos.— The  State  Board  of  Edu- 
cation is  hereby  authorized  to  establish  and  maintain  not  more  than  five 
te.acher-training  courses  of  one  year  in  length  in  as  many  approved  high 
•schools,  for  the  purpose  of  giving  training  to  elementary  teachers:  Provided, 


46  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

That  not  more  than  one  such  course  be  established  in  any  one  county,  and 
vot  more  than  one  thousand  ($1,000.00)  dollars  be  expended  in  any  one 
school  for  such  course:  Provided,  further,  That  no  such  training  course  shall 
lie  nfeintained  with  an  enrollment  of  fewer  than  ten  persons,  none  of  whom 
shall  be  less  than  seventeen  years  of  age,  and  no  tuition  fees  shall  be  charged 
«£  any  teacher  from  any  county. 

§  18121.  Appropriation — Proviso — The  sum  of  thirty-five  thousand  dol- 
lars ($35,000.00)  to  cover  the  six  months  from  July,  1916,  to  December  31, 
1916,  as  provided  in  the  General  Appropriation  Bill  for  1916,  and  the  sum  of 
eighty  thousand  dollars  for  each  year  thereafter,  be,  and  the  same  is  hereby 
appropriated  to  carry  out  the  provisions  of  this  Act,  and  the  Comptroller 
General  is  hereby  authorized  to  draw  warrants  upon  the  State  Treasurer  for 
*neh  amounts,  upon  the  order  of  the  State  Board  of  Education,  duly  signed 
by  the  State  Superintendent  of  Education,  as  secretary :  Provided,  That  every 
high  school  receiving  aid  under  this  Act  shall  enroll  free  of  charge  any  high 
school  pupil  in  the  county  where  the  school  is  located,  or  of  any  adjoining 
county. 

§  1812 j.  Certain  Sections  of  Code  Repealed.— Sections  1825,  1826,  1827, 
1828,  1829,  1830,  1831,  1832,  1833,  1834,  and  1835  of  the  Code  of  nineteen 
hundred  and  twelve  and  all  other  Acts  or  parts  of  Acts  in  conflict  with  this 
Act,  are  hereby  repealed. 

Acts,  1916. 

§  1813a.  Appropriation  for  Teaching1  of  Agriculture. — To  promote  the 
teaching  of  agriculture  in  the  public  schools,  there  is  hereby  annually  ap- 
propriated out  of  the  State  Treasury  five  thousand  dollars  ($5,000.00),  to  be 
expended  as  hereinafter  provided  by  the  State  Superintendent  of  Education, 
ki  consolidated  schools  doing  practical  class  room  and  field  work  in  agricul- 
ture. 

1813b.    How  Districts  May  Receive  Benefits  of  Act — Teacher — Duties.— 

Whenever  the  Boards  of  Trustees  of  three  or  more  school  districts  shall  raise 
from  regular  funds,  local  taxes,  private  subscriptions,  or  otherwise,  and 
aiiall  deposit  with  the  County  Treasurer  not  less  than  $750.00  to  be  expended 
by  the  County -Board  of  Education  upon  their  warrant,  duly  approved  by  the 
County  Superintendent,  for  the  teaching  of  agriculture  in  their  respective 
Districts,  such  group  of  districts  shall  be  entitled  to  $750.00  from  the  State. 
All  funds  raised  by  the  respective  Boards  of  Trustees,  or  supplied  by  the 
State,  shall  be  used  to  pay  the  salary  of  a  trained  teacher  of  agriculture,  who 
shall  do  classroom  instruction,  field  work  on  the  school  farm,  school  garden 
•r  school  orchard,  or  in  any  other  line  of  agricultural  teaching  needed  in  the 
territory  composing  the  districts.  Such  trained  agricultural  teacher  may 
serve  as  Superintendent  or  Principal  of  the  group  of  co-operating  schools, 
shall  reside  during  the  twelve  months  of  the  year  in  the  territory  he  serves, 
shall  possess  all  the  scholarship  requirements  regularly  demanded  of  other 
teachers,  shall  hold  a  valid  certificate  duly  registered  in  the  County 
Superintendent's  office  and  shall  be  subject  to  the  same  supervision  as  other 
teachers  in  State  aided  schools.  He  shall  make  all  reports  required  of  public 
school  teachers,  and,  in  addition  thereto,  shall  furnish  such  other  special  re- 
ports as  may  be  required  in  his  special  field. 

§  1813c.  Term  of  Teacher's  Service. — Any  such  teacher  of  agriculture 
shall  be  employed  jointly  by  the  co-operating  Boards  of  Trustees,  the  County 
Board  of  Education  and  the  State  Superintendent  of  Education.  But  any 
contract  for  the  employment  of  such  teacher  shall  require  at  least  three  years 
consecutive  service  and  each  such  contract  of  employment  shall  be  signed  by 


GENl 


KXKRAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  47 

the  e.»-al  ivpr«-«-ntatives  of  the  district,  the  County  Superintendent's  office, 
and  ;h<-  State  Superintendent's  office. 

§  L813d.  Requirements  for  Schools  Under  This  Act.  —  Any  public  school 
co-o  >erating  in  this  work  shall  have  an  enrollment  of  at  least  seventy-five 
pup  Is  with  a  regular  attendance  of  at  least  forty  pupils,  three  teachers  of 
the  isual  public  school  subjects,  a  term  of  seven  months,  a  local  tax  of  eight 
mil]  ,  a  comfortable  and  sanitary  building  of  at  least  three  rooms,  a  school 
site  of  not  less  than  two  acres,  the  minimum  equipment  prescribed  by  the 
StaJ  ?  Hoard  of  Education  and  shall  use  the  text  books  and  course  of  study 
reg1  larly  required  of  other  public  schools.  The  special  lessons  or  course  in 
Agi  culture  may  be  adapted  to  the  community  needs  as  recognized  by  the 
Agi  cultural  teacher,  and  such  teacher  shall  have  full  right  and  absolute 
free  lorn  in  the  introduction  and  presentation  of  any  additional  lessons,  bul- 
let i  s,  instructions,  or  other  matter  that  may  be  furnished  by  the  United 
Sta  es  Department  of  Agriculture,  the  State  Department  of  Agriculture, 
He  ison  College  or  any  other  agricultural  college  or  experiment  station.  All 
sue  modifications  of  the  course  of  study  shall  be  reported  in  writing  to  the 
C<u  ii  ty  Superintendent  of  Education  and  to  the  State  Superintendent  of 
Edi  cation,  and  shall  not  be  continued  in  any  school  over  the  disapproval  •€ 
ihe  State  Hoard  of  Education. 

§  1813e.     Enrollment  of  Pupils.  —  Any  school  receiving  State  aid  for  agri- 

«ul  ural  teaching  shall  enroll  free  of  charge  any  pupil,  fourteen  years  of  age 
•r  -ipward,  desiring  to  pursue  such  a  course  and  possessing  sufficient  knowl- 
edi:  '  of  tin-  elementary  public  school  subjects  to  enable  him,  in  the  opinion 
ef  ihe  agricultural  teacher,  to  do  this  work  with  advantage.  Schools  receiv- 
inu  aid  for  agricultural  work  shall  not  be  ineligible  to  share  in  the  State  ap- 
propriations for  term  extension,  rural  graded  schools  or  high  schools. 

£  1813f.  Certain  Aid  May  Be  Sought.  In  the  furtherance  of  thi* 
wo  -k,  District,  County  and  State  school  officers  may  invite  the  co-operation, 
ad\ic  ction  of  Clemson  College,  the  Farm  Demonstration  forces, 

the  State  Department  of  Agriculture,  or  the  United  States  Department  J5 
Agriculture,  and  the  basis  for  this  co-operation  shall  be  determined  bj  all  the 
agencies  interested. 

§  1813g.     Text  Book.—  The  State  Board  of  Education  is  hereby  authorized 

10  id  opt  a  textbook  on  agriculture  to  be  taught  in  all  other  schools  not  pro- 
vided for  in  this  Act. 

?•  9V    Immediately  Effective.—  That  this  Act  shall  take  effect  immediately 

11  (»•)!!  the  signature  of  the  Governor. 

.\cts, 


ii  1814a.  School  Attendance  Required.—  From  and  after  the  first  day  o€ 
Ju  y,  one  thousand  nine  hundred  and  fifteen,  every  parent,  guardian  or  other 
pe-son,  temporarily  or  permanently,  residing  in  the  State  of  South  Carolina 
ha  /in?  charge  or  control  of  a  child  or  children  between  the  ages  of  eight  and 
fourteen  years,  shall  cause  such  child  or  children  to  attend  the  local  public 
school  in  the  district  in  which  he  resides,  continuously  for  the  entire  school 
|torm  of  each  year,  except  as  hereinafter  provided.  This  period  of  compulsory 
attendance  shall  commence  at  the  beginning  of  the  school  term  nearest  to  the 
•  iihth  birthday  of  such  child,  and  shall  cover  the  compulsory  period  of  six 
coisecutive  school  years  thereafter.  This  period  of  compulsory  attendance 
f  o  *  each  public  school  shall  commence  at  the  beginning  of  the.  school  ternt 
•f  said  school  unless  otherwise  ordered  by  the  County  Board  of  Education  hi 
writing:  in  case  of  towns  or  cities  of  two  thousand  or  more  inhabitants,  ac- 


48  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

cording  to  the  preceding  Federal  census,  by  the  Board  of  Trustees  of  the 
public  schools  of  said  towns  or  cities  with  the  approval  in  writing  of  the 
County  Superintendent  of  Education.  Continuous  attendance  upon  some 
&ther  public  school  or  upon  some  private  church  school  taught  by  compe- 
tent teachers  may  be  accepted  in  lieu  of  attendance  upon  the  local,  publit 
schools :  Provided,  That  said  period  of  continuous  attendance  upon  such  other 
school  shall  be  for  at  least  as  long  as  the  public  school  term  each  year:  Pro- 
vided, further,  That  any  prviate  school  or  church  school  receiving  for  instruc- 
tion pupils  between  the  ages  of  eight  and  fourteen  years  shall  be  required  te 
keep  such  records  of  attendance  of  such  children  and  to  render  such  reports  of 
same  as  are  hereinafter  required  of  public  schools ;  and  attendance  upon  such 
schools  refusing  or  neglecting  to  keep  such  records  or  to  render  such  reports 
shall  not  be  accepted  in  lieu  of  attendance  upon  the  local  public  schools  of 
the  said  town,  city  or  district  where  the  child  shall  be  entitled  to  attend: 
Provided,  further,  That  the  compulsory  school  term  in  all  agricultural  dis- 
tricts shall  be  four  months  or  the  full  term  if  the  school  runs  less  than  four 
months,  said  term  to  be  fixed  by  the  Board  of  Trustees  of  such  district;  and 
f<n\y  child  or  children  .not  engaged  in  work  at  home  in  such  agricultural  dis- 
tricts, must  attend  a  full  term.  This  four  months'  compulsory  provision 
shall  also  apply  to  all  children  residing  in  agricultural  districts  and  attend- 
ing schools  in  any  town  located  in  such  .districts. 

§  1814b.  Special  Cases  Provided  For. — This  Act  shall  not  apply  in  anj 
ease  in  which  the  child's  physical  or  mental  condition,  as  attested  by  any  leg- 
ally qualified  physician  before  the  Board  of  Trustees  having  jurisdiction  of 
the  matter  under  this  Act,  renders  his  attendance  impracticable  or  inexped- 
ient, or  in  any  case  in  which  the  child  resides  two  and  one-half  miles  or  rnor« 
by  the  nearest  traveled  route  from  the  schoolhouse,  or  in  any  case  in  which, 
because  of  extreme  poverty,  the  services  of  such  child  are  necessary  for  his 
own  support  or  the  support  of  his  parents,  as  attested  by  the  affidavit  of  such 
parents  and  of  such  witnesses  as  the  trustees  of  the  district  may  require;  or 
in  any  case  in  which  said  parent,,  guardian  or  other  person  having  charge  01 
control  of  the  child  shall  show  before  the  trustees  of  the  district  by  affidavit 
•f  himself  and  of  such  witnesses  as  they  may  require,  that  the  child  is  without 
necessary  books  and  clothing  for  attending  school,  and  that  he  is  unable  t« 
provide  the  necessary  books  and  clothing:  Provided,  That  when  books  and 
clothes  shall  have  been  supplied  by  any  means  whatsoever  the  child  shall  n« 
longer  be  exempt  from  this  provision :  Provided,  further,  That  if  the  child  livei 
two  and  one-half  miles  or  more  from  the  schoolhouse,  and  means  of  transporta 
tion  is  furnished,  the  said  child,  if  otherwise  eligible,  shall  be  required  ti 
attend  the  said  school  under  the  provisions  hereof,  and  it  shall  be  the  duty  oi 
the  trustees  of  the  school  to  provide,  out  of  the  public  school  funds,  books  for 
the  use  of  such  indigent  pupil  free  of  charge.  The  power  of  the  Board  oi 
Trustees  to  suspend  or  expel  any  pupil  shall  not  be  curtailed  by  this  Act,  and 
ehildren  so  suspended  or  expelled  shall  not  be  subject  to  the  provisions  oi 
•f  this  Act  during  such  period  of  suspension  or  expulsion:  And  provided, 
further,  That  the  Board  of  Trustees  of  any  school  district  may  excuse  tem- 
porarily any  child  from  attendance,  good  and  sufficient  reasons  being  made 
to  appear  therefor ;  and  in  case-  any  child  is  excused  temporarily  under  th« 
provisions  of  this  Act,  the  said  Board  of  Trustees  shall  reduce  to  writing  the 
reasons  for  their  action  and  the  time  the  said  child  is  excused. 

§  1814d.  Certain  Absences  Not  Unlawful— Duties  of  Parents,  Guardians, 
Superintendents,  Teachers,  Etc.,  in  Regard  to  Absences.— Every  parent,  guar- 
dian or  other  person  in  the  State  of  South  Carolina  having  change  or  control 
ef  a  child  or  children  between  the  ages  of  eight  and  fourteen  years  shaK 
«ause  such  child  to  attend  school  as  aforesaid :  Provided,  That  occasional  ak- 

t 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  49 


B«  ace  from  attendance  by  said  child,  amounting  to  not  more  than  four  un- 
e  cused  al)sences  in  four  consecutive  weeks,  shall  not  be  unlawful:  Provided, 
f;  rther,  That  the  superintendent,  principal  or  teacher  in  charge  of  any  school 
i!  :iy  excuse  any  child  for  temporary  absence  because  of  unusual  storm  or  bad 
A'  rather,  sickness  or  death  in  the  child's  family,  unforeseen  or  unavoidable 
i\  cidents,  and  such  excuse  and  reason  therefor  shall  be  recorded  by  said 
s  perintendent,  principal  or  teacher  in  charge  of  the  school  reported  to  the 
t  ustees  as  hereinafter  provided :  Provided,  further,  That  in  case  of  protrac- 
t  d  illness  of  any  child  whose  attendance  is  required  under  this  Act  or  in 
c  se  of  quarantine  of  the  home  in  which  the  child  resides,  upon  report  of  the 
1  'alth  officer,  or  upon  satisfactory  evidence  to  this  effect,  the  trustees  shall 
<  ;cuse  from  attendance  such  child  until  he  is  fully  restored  to  health  or  until 
1  e  expiration  of  the  time  required  by  law  that  he  shall  stay  out  of  school 
a  'ter  quarantine  has  been  raised. 

§  1814e.  Children  Between  the  Ages  of  Fourteen  and  Sixteen  Years.— 
I  very  parent,  guardian  or  other  person  in  the  State  of  South  Carolina  having 
(  large  or  control  of  a  child  between  the  ages  of  fourteen  and  sixteen  years 
v  ho  is  not  actually,  regularly  and  lawfully  engaged  in  some  useful  employ- 
i.  ent  or  service,  or  who  cannot  read  at  sight  and  write  legibly  simple  sen- 
t  -nces  in  the  English  language,  shall  cause  such  child  to  attend  regularly  some 
j  nblic  school  as  aforesaid. 

§  1814f.  A  Penalty  for  the  Violation  of  This  Act  Provided— Notice  by 
"rustees. — Any  parent,  guardian  or  other  person  violating  the  provisions  of 
t  lis  Act  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  liable 
1  >  a  fine  of  not  less  than  two  dollars  for  the  first  offense  and  not  less  than 
f  ve  dollars  for  any  subsequent  offense,  nor  more  than  twenty-five  dollars  in 
;  ny  ease,  and  upon  failure  or  refusal  to  pay  said  fine  said  parent,  guardian  or 
t  Iher  person  shall  be  imprisoned  not  to  exceed  thirty  days  in  the  county 
j  lil :  Provided,  That  the  Tine  for  any  first  offense  may,  by  order  of  Court, 
i.pon  the  payment  of  costs,  be  suspended  and  not  collected  until  the  same 
]  arty  is  convicted  of  a  second  offense:  Provided,  further,  That  after  the 
expiration  of  three  days  from  the  service  of  the  notice  by  the  trustees  each 
y  a  parent,  guardian  or  other  person  shall  wilfully  and  unlaw- 
fully keep  such  child  or  children  from  school,  or  allow  him  to  remain  out  of 
s  "hool,  shall  constitute  a  separate  offense  and  shall  subject  said  person  to 
tue  penalties  hereinafter  prescribed. 

§  1814g\  Duties  of  the  Board  of  Trustees — Census — County  Board — Notice 
tD  Parent,  Etc.— Record— Prosecution— May  Enter  Place  of  Business— Age  of 
Child — Report — Census  Clerk — Compensation. —  The  following  duties  aro 
]  ereby  devolved  upon  the  Board  of  Trustees  of  each  school  district:  They 
shall  take  the  eensus  of  children  between  the  asres  of  six  and  twenty-one 
.ears,  and  shall  keep  the  attendance  records  of  their  district.  It  shall  be 
their  duty  to  take  an  annual  school  census  during  the  calendar  months  of 
>  nly  and  August,  and  to  furnish  each  superintendent,  principal  or  teacher 
in  ehar-je  of  a  school  with  an  accurate  report  of  said  census  of  the  district 
Ihree  days  before  the  opening  of  the  school  and  also  to  furnish  at  the  same 
time  a  copy  <>f  the  said  school  eensus  of  each  district  to  the  County  Super- 
intendent of  Education :  Provided,  That  in  case  the  school  census  is  not  taken 
;s  herein  directed,  it  shall  be  the  duty  of  the  County  Board  of  Education 
f-o  to  do,  and  to  meet  the  expense  out  of  the  funds  of  the  district.  The 
Hoard  of  Trustees  shall  serve  writ  ten  or  printed,  or  partly  written  and  partly 
printed,  notices  on  every  parent,  guardian  or  other  person  violating  the  pro- 
visions of  this  Act ;  and  prompt  compliance  on  the  part  of  the  said  parent, 
guardian  or  other  person  are  hereby  required.  Prosecutions  under  this  Act 


50  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

shall  be  brought  in  the  name  of  the  State  of  South  Carolina  before  any  Mag- 
istrate or  Recorder  of  any  municipal  Court  within  the  limits  of  whose  terri- 
torial jurisdiction  the  person  prosecuted  resides.  The  Board  of  Trustees 
shall  have  the  right  to  visit  and  enter  any  office  or  factory  or  business  house 
employing  children  for  the  purpose  of  ascertaining  the  names  and  ages  of 
the  children  employed  to  facilitate  the  enforcement  of  this  Act.  When 
doubt  exists  as  to  the  age  of  a  child  they  may  require  of  the  employer  a 
properly  attested  birth  certificate  or  affidavit  stating  said  child's  age;  they 
shall  keep  an  accurate  account  of  all  notices  served,  of  cases  prosecuted, 
and  of  all  other  services  performed,  and  shall  make  an  annual  report  of  samo 
on  or  before  July  fifteenth  of  each  year  to  the  County  Superintendent  of 
Education:  Provided,  further,  That  the  Board  of  Trustees  of  each  school 
district  is  hereby  vested  with  authority  to  employ  a  clerk  or  clerks,  whose 
compensation  shall  not  exceed  three  cents  per  capita  for  obtaining  a  census 
for  each  school  district  for  each  school  term. 

0 

§  1814h.  Duties  of  Superintendents,  Principals  and  Teachers — Record  of 
Attendance — Reports — County  Superintendent — When  to  Deduct  from 
Teachers'  Salary — Appeal. — It  shall  be  the  duty  of  all  superintendents,  prin- 
cipals and  teachers  to  co-operate  with  the  Board  of  Trustees  in  the  enforce- 
ment of  the  law.  To  this  end  it  shall  be  the  duty  of  the  superintendent, 
principal  or  teacher  in  charge  of  any  school  in  which  pupils  between  the 
ages  of  eight  and  fourteen  years  are  instructed  to  keep  an  accurate  record 
of  the  attendance  of  such  pupils ;  to  render  during  the  period  of  compulsory 
attendance  of  each  school  term  monthly  reports  of  same  to  the  Board  of 
Trustees  and  the  County  Superintendent  of  Education,  showing  all  absences, 
excused  and  unexcused,  and  in  case  of  each  excused  absence,  stating  the 
reason  therefor.  Upon  the  willful  or  negligent  failure  of  any  superintend- 
ent, principal  or  teacher  in  charge  of  any  school  to  comply  with  the  provis- 
ions of  this  section,,  the  County  Superintendent  of  Education  shall  deduct 
from  his  other  salary  for  the  current  month  the  sum  of  five  dollars  before 
approving  the  voucher  therefor,  and  in  case  of  a  second  offense  on  the  part 
of  any  superintendent,  principal  or  teacher  the  County  Superintendent  of 
Education  is  hereby  forbidden  to  approve  the  salary  warrant  of  said  board, 
who  may  appeal  from  such  action  to  the  County  Board  of  Education,  and  the 
decision  of  the  said  County  Board  of  Education  shall  be  final. 

§  1814i.  Duties  of  the  County  Board  of  Education — Publication  of  Act- 
Notice  of  Opening  of  Schools. — It  shall  be  the  duty  of  the  County  Board  of 
Education  of  each  County  to  cause  this  Act  to  be  published  in  full  in  some 
newspaper  published  in  the  county,  if  there  is  one,  and  if  there  is  none,  in 
circular  form,  and  given  the  widest  possible  circulation  at  least  four  weeks 
prior  to  the  opening  of  the  schools  for  the  school  year,  beginning  July  first, 
one  thousand  nine  hundred  and  fifteen,  and  annually  thereafter,  if  in  their 
discretion  it  seems  necessary.  The  Board  of  Trustees  of  any  district,  city 
or  town  shall  give  two  weeks'  public  notice  of  the  date  of  opening  of  any 
school  under  their  jurisdiction  by  publishing  said  notice  in  a  county  news- 
paper or  by  posting  said  notice  on  the  schoolhouse  door. 

§  1814 j.  Adoption  of  Compulsory  School  Attendance  Provided  For— No- 
tice of  Length  of  Term — Filing — Clerk  of  Court — County  Board  of  Registra- 
tion—County Superintendent  of  Education— Duties— Election.  When  Or- 
dered, Manag-ers  and  Conduct  Thereof.— The  notice  of  any  Board  of  Trus- 
tees giving  the  date  of  opening  of  any  school  or  schools  shall  also  state 
the  proposed  length  of  the  term  as  nearly  as  practicable,  and  a  copy 
signed  by  at  least  a  majority  of  the  Board  of  Trustees  shall  be  filed  at 
the  date  of  issuance  in  the  office  of  the  County  Superintendent  of  Bdu- 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 


patioi  In  any  district,  aggregation  of  adjoining  districts,  this  Act  shall 
not  t  ke  effect  and  become  op.-ratve  until,  and  unless,  a  petition  signed 
uajority  of  the  qualified  electors  of  such  district,  aggregation  of  dis- 
requesting  the  compulsory  school  attendance  under  this  Act,  be 
autlio  ized  in  such  territory  shall  have  been  submitted  to  the  Clerk  of  Court. 
The  .«>  iid  Clerk  of  Court  shall  examine  such  petition  with  special  reference 
to  1h  legibility  of  tin-  nam.es  contained;  thereon,  and  after  examination 
shall  -efer  such  petition  to  the  County  Board  of  Registration.  Along  with 
the  i  tition,  the  Clerk  of  Court  shall  send  his  written  statement  showing 
rhat  e  lias  counted  the  names  thereon  and  has  found  them  to  be  so  many 
•givj  g  the  number).  Immediately  upon  receipt  of  the  petition  and  the 
statei  tent  of  the  Clerk  of  Court,  the  County  Board  of  Registration  shall 
died  .such  petition  against  the  registration  books  of  the  county  or  of  such 
iiuml  >r  thereof  as  may  be  affected,  and  the  said  County  Board  of  Registra- 
tion hall  certify  its  findings  in  writing  to  the  County  Superintendent  of 
Kduc  tion.  Upon  receipt  of  such  certificate  showing  that  such  petition  bears 
the  s  ^natures  of  a  majority  of  the  qualified  voters  of  the  territory  affected, 
Lhe  (  ounty  Board  of  Education  shall  forthwith  declare  the  provisions  of 
this  tct  of  full  force  and  effect  in  such  territory.  If  such  petition  for  any 
listriit  or  aggregation  of  districts  is  filed  with  the  Clerk  of  Court,  checked 
by  tl>  •  County  Board  of  Registration,  and  certified  to  the  County  Superintend- 
ent (  £  Education  after  the  opening  of  any  school  or  schools,  the  County 
Boar*  i  of  Education  may  fix  the  date  for  the  beginning  of  the  compulsory 
rchocl  attendance  for  that  year;  or  the  said  County  Board  of  Education 
nay  jrder  such  compulsory  school  attendance  to  begin  at  the  opening  of  the 
lext  succeeding  scholastic  year.  That  where  no  such  petition  is  filed,  signed 
ay  a  majority  of  the  electors  as  herein  provided,  upon  the  filing  of  a  petition 
rigncl  by  one-fourth  of  the  qualified  electors  of  such  district  or  aggregation 
:if  districts,  an  election  shall  be  ordered  by  the  County  Board  of  Education, 
•submitting  to  the  qualified  electors  of  such  district  or  aggregation  of  districts, 
ion  of  compulsory  school  attendance  or  no  compulsory  school  at- 
tendance for  said  district  or  aggregation  of  districts:  Provided,  further, 
rhat  the  County  Board  of  Education,  in  all  school  districts  containing  a  town 
•>f  ;i  population  of  1,500  or  more  inhabitants,  upon  the  petition  of  a  majority 
}f  tie  Board  of  Trustees,  shall  order  such  election.  The  said  election  shall 
!>e  b  -'Id  at  the  schoolhouse,  or  schoolhouses,  for  white  children,  in  the  said 
listriet,  or  aggregation  of  districts.  The  managers  shall  be  appointed  by  the 
Roaid  of  Trustees  of  each  district,  and  the  said  election  shall  be  conducted 
in  accordance  with  the  rules  governing  general  elections.  The  County  Board 
>i'  i  'hication  shall  supply  printed  ballots,  as  follows:  " Compulsory  schox)! 
ittfudance  accepted,"  "Compulsory  school  attendance  rejected/'  and  if  the 
majority  vote  in  tin-  said  election  "Compulsory  school  attendance  accepted," 
then  the  provisions  of  this  Act  shall  apply  to  the  said  district  or  aggregation 
jf  districts.  The  said  election  shall  be  held  on  the  second  Tuesday  in  June, 
:MIP.  thousand  nine  hundred  and  fifteen,  following  the  filing  of  the  said  peti- 
tion or  on  the  second  Tuesday  in  June  of  any  subsequent  year.  Any  district 
emitting,  failing  or  refusing  to  accept  compulsory  school  attendance  as 
herein  provided,  cither  by  petition  or  by  election,  may  adopt  cne  provisions 
31'  t  iis  Act  in  any  subsequent  year,  cither  by  petition  or  by  election  as  here- 
in afcare  provided. 

§  1814k.  Provisions  for  Rules  and  Regulations  as  to  Time,  Place  and 
Hotrs  of  Attendance  --  Approval  --  Revocation  --  County  Superintendent 

-  Appeal.  -  -  The  Board  of  Education  of  each  county,  and  in  case  of  towns 
and  cities  of  two  thousand  inhabitants,  the  Board  of  Trustees  therein  shall 
lave  power  at  any  meeting  to  make  such  rules  and  regulations  not  in  conflict 

it  i  the  provisions  hereof  as  they  may  deem  best  with  reference  to  the  time, 


52  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

place  and  hours  for  school  attendance  so  as  to  secure  the  attendance  of  al 
children  between  the  ages  of  eight  and  fourteen  years  upon  the  schools  oi 
the  county  as  herein  provided  and  such  rules  and  regulations,  when  approvec 
by  the  County  Superintendent  of  Education,,  and  posted  at  the  courthous( 
door  and  at  the  door  of  each  public  schoolhouse  in  the  territory  affecter 
thereby,  shall  have  the  force  of  law  until,  and  unless,  they  have  been  revokec 
or  appealed  by  the  State  Board  of  Education.  The  operation  of  such  rule; 
and  regulations  may  be  suspended  by  the  State  Superintendent  of  Educatioi 
during  the  pendency  of  such  appeal. 

§  18141.  No  Tuition,  Contingent,  Matriculation,  Incidental  or  Other  Fee 
Allowed. — No  tuition,  contingent,  matriculation,  incidental  or  other  fee  o 
any  kind  shall  be  charged  or  collected  for  the  attendance  of  any  pupil  upoi 
any  school  in  the  common  or  public  school  department  residing  in  this  Stat< 
adopting  the  provisions  of  this  Act. 

§  1814m.  Removal  of  Trustees  from  Office. — The  County  ±5oard  of  Edn 
cation  shall  have  full  power  and  authority  to  remove  from  office  of  any  trus 
tee,  or  Board  of  Trustees,  neglecting,  refusing  or  omitting  to  carry  out  the 
provisions  of  this  Act,  and  to  fill  the  vacancy  thereby  created  on  said  Board 
in  accordance  with  existing  law. 

§  1814n.    Effective  July  1,  1915.— Inconsistent  Acts  Repealed.— This  Act 

shall  be  in  full  force  and  effect  from  and  after  the  first  day  of  July,  on*3 
thousand  nine  hundred  and  fifteen.     All  Acts  and  parts  of  Acts  inconsistent 
with  this  Act  be,  and  the  same  are  hereby,  repealed. 
Acts,  1915. 

§  1815a.  Supplementary  Reading-  for  Public  Schools. — Whenever  the 
Trustees  of  any  public  school  district  shall  set  aside  from  the  funds  of  th<] 
district  a  sum  of  not  less  than  five  ($5.00)  dollars  nor  more  than  twenty-five 
($25.00)  dollars  for  the  purchase  of  supplementary  reading  material  for  iha 
use  of  the  school,  or  schools,  of  said  district,  the  County  Board  of  Education 
is  authorized  to  appropriate  from  the  general  County  Board  fund  a  like  sum 
ior  the  same  purpose.  The  County  Superintendent  shall  then  inform  th<j 
State  Superintendent  of  Education  of  his  action  and  the  State  Superintendent 
shall  be  authorized  to  remit  to  the  County  Superintendent  for  the  same  pur- 
pose a  like  sum  from  the  library  appropriation  or  from  any  other  unappropri- 
ated funds  under  his  control.  The  County  Superintendent  shall  deposit  tho 
funds  thus  appropriated  and  received  with  the  County  Treasurer  and  shall 
issue  a  warrant  in  payment  for  the  supplementary  reading  material  which 
may  be  purchased  under  this  Act :  Provided,  That  no  district  may  participate 
in  the  benefit  of  this  Act  more  than  once  during  any  scholastic  year. 

§  1815b.  Purchase  of  Books. — The  purchase  of  supplementary  reading 
material  shall  be  made  from  a  list  approved  and  furnished  by  the  State  Board 
of  Education.  The  Board  of  Trustees  or  teachers  making  the  purchase  shall 
send  a  list  of  the  books  bought  to  the  County  Superintendent  and  the  State 
Superintendent. 

§  1815c.  Books  Loaned  to  Pupils — The  books  purchased  under  this  Act 
shall  be  kept  in  the  school  library  and  loaned  to  the  pupils,  in  the  discretion 
of  the  teacher,  under  such  rules  as  may  be  adopted  by  the  State  Board  of 
Education. 

Acts,  1914. 

§  1816a.  Annual  Appropriation  to  Be  Made  for  Rural  Schools — Not  les* 
than  fifteen  thousand  dollars  shall  be  appropriated  annually  for  the  purpose 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  53 

of  as?-  sting  rural  school  districts  in  the  establishment,  maintenance,  and  im- 
prove aent  of  rural  graded  schools  under  the  conditions  and  provisions  of 
fche  f(  lowing  sections  of  this  Act :  Provided,  That  the  amount  hereby  approp- 
[riatec  shall  be  expended  from  the  sum  appropriated  under  the  terms  of 
'erm  Extension  Act  of  1910,  Act  No.  431,  page  791. 

1SAL    XXVII,  924. 

g  1  Jl6b.     Certain  Requirements  for  School  to  Be  Entitled  to  Share  in  $200 

ppr-  priation. — When  any  rural  district  in  South  Carolina  shall  levy  and 

>]!(•(     a  special  school  tax  of  not  less  than  four  (4)  mills,  and  when  a  school 

in  nil  li  district  employs  two  certified  teachers  for  a  school  term  of  not  less 

han    ix  months,  and  when  such  school  has  an  enrollment  of  not  fewer  than 

iftjr    riipils  and  an  average  daily  attendance  for  the  session  of  not  fewer  than 

hirt;»    pupils,  and  when  such  school  is  taught  in  a  comfortable  and  sanitary 

uilcl  tig   provided   with   the   minimum  equipment   prescribed   by  the   State 

>oar<    of  Education,  and  when  it  uses  a  course  of  study  and  classification  ap- 

rov(  1  !>y  the  State  Board  of  Education,  it  shall  be  entitled  to  receive  State 

id  TI  ider  this  Act  to  the  amount  of  $200  per  year. 

m:  ,  XXVII,  924. 

§  1  316c.    Requirements  for  $300  Appropriation. — When  any  rural  school 
istri  2t  in  South  Carolina  shall  levy  and  collect  a  special  school  tax  of  not 
ess  1  uin  four  (4)  mills,  and  when  such  school  employs  three  or  more  certified 
each  ?rs  for  a  school  term  of  not  less  than  seven  months,  and  when  such 
hoc  I  lias  an  annual  enrollment  of  not  fewer  than  seventy-five  pupils  and  an 
ven  go  daily  attendance  for  the  session  of  not  fewer  than  forty  pupils,  and 
rhen  such  school  is  taught  in  a  comfortable  and  sanitary  building  provided 
witk  the  minimum  equipment  prescribed  by  the  State  Board  of  Education, 
and  Then  it  uses  a  course  of  study  and  classification  approved  by  the  State 
Boar  i  of  Education,  it  shall  be  entitled  to  receive  State  aid  under  this  Act 
to  tin  >  amount  of  $300  per  year. 

191:!,  XXXII,  924. 

§  1816d.  Districts  Prohibited. — No  district  which  receives  State  aid  under 
pe  i :  9  of  the  High  School  Act  or  of  the  Term  Extension  Act  shall 

Iccei  re  aid  under  the  provisions  of  this  Act. 

191  >,  XXVII,  924. 

I  g  :  816e.— May  Convey  Children  to  School.— It    shall  be  lawful    -for    the 
Scho>l  Trustees  of  a  district  to  use  the  State  aid  obtained  under  the  pro- 
bisio'is  of  this  Act  to  furnish  public  conveyance  of  children  to  the  school  ' 
the*   in  the  opinion  of  the  trustees  and  the  County  Superintendent  such  ac- 
tion K  wise  and  expedient. 

1912,  XXVII,  924. 

§   L816f.    State  Superintendent  of  Education  May  Refuse  Aid— The  State 

Superintendent    of    Kdueation    may    refuse    aid   under   the    provisions   of  this 
|tCt  .f  it  is  mad<>  to  appear  to  him  that  the  expenditure  would  DC  unwise  and 
Detrimental  to  the  interest  of  free  school  education  in  said  district. 
'   1912,  XXVII,  924. 

§  1816g.  Rules  and  Regulations  for  Distribution  of  Funds.— The  State 
Superintendent  of  Education,  with  the  State  Board  of  Education,  shall  pro- 
vide rules  and  regulations  for  the  distribution  of  this  fund,  and  shall  publish 


54 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 


such  regulations  to  the  various  County  Superintendents  of  Education,  who 
in  turn,  shall  publish  them  to  the  various  district  trustees. 
1912,  XXVII,  924. 

§  1816h.     Applications. — Applications  must  be  filed  in  order  of  their  re 
ceipt,  and  paid  or  refused  in  the  same  order. 
1912,  XXVII,  924. 


Health 


§  1598.    Inspection  of  Schools,  etc. — Water  Supply,  etc. — Schools  Closed 

(  uring  Epidemic. — It  shall  be  the  duty  of  the  Board  of  Health  as  a  body,  or 

1  y  committee,  with  the  Health  Officer,  to  make  quarterly  visits  and  inspec- 

1  ons  to  all  schools,  seminaries  or  colleges   (while  in  session)  which  are  sup- 

]  ortcd  in  part  or  entirely  by  public  taxation,  and  examine  and  report  on  the 

>  mitary  condition  of  the  same,  the  abatement  and  removal  of  garbage,  refuse 

j  latter  and  nuisances  which  may  prove  prejudicial  to  the  health  of  the  pupils. 

'  iiey  shall  inquire  into  the  purity  of  the  water  supply,  the  condition  and  efti- 

•  ient  working  of  the  drains,  waste  pipes,  soil  pipes  and  cesspools,  the  ventila- 

ion,  lighting  of  the  dormitories,  lecture  and  study  rooms  of  the  buildings  and 

he  appliances  in  use  for  fire  escapes.     In  case  of  the  epidemic  prevalence  of 

ontagions  or  infections,  and  in  order  to  prevent  the  spread  of  the  same,  the 

toard  of  Health,  by  and  with  the  consent  of  the  City  or  Town  Council,  may 

rder  the  schools,  seminaries  or  colleges,  in  such  town  or  city,  partially  or  eu- 

irely  supported  by  public  taxation,  closed  until  such  times  as  they  may  deem 

t  safe  to  reopen  them.     The  Board  of  Health  shall  have  the  right  to  declare 

my  epidemic  or  cause  of  ill  health  so  injurious  as  to  make  it  necessary  to 

•lose  any  or  all  of  the  private  schools  in  the  limits  of  such  city  or  town. 

vVhatever  sanitary  conditions  or  evils  shall  be  found  by  the  Board  of  Health 

o  exist  in  or  around  the  public  colleges,  schools,  etc.,  shall  be  reported  by 

he  Secretary  of  the  Board  of  Health  to  the  Trustees  of  the  same,  who  shall 

ake  immediate  steps  to  remedy  the  sanitary  defects  according  to  the  rules 

:nd  regulations  prescribed  by  the  Board  of  Health. 

Civ.  '02,  *  1104;  R.  S.  964;  1883,  XVIII,  793;  1894,  XXI,  818. 

§  1607.  Powers  of  School  Authorities  to  Prevent  Spread  of  Contagious 
or  Infectious  Diseases. — Any  Board  of  Education,  School  Trustees,  or  any 
.-•thcr  body  having  control  of  any  of  the  schools,  may,  on  account  of  the  pre- 
valence of  any  contagious  or  infectious  diseases,  or  to  prevent  the  spread  of 
any  such  disease,  prohibit  the  attendance  of  any  teacher  or  scholar  upon  any 
f.chool  under  their  control,,  and  may  specify  the  time  such  teacher  or  scholar 
shall  remain  absent,  or  they  shall  require  a  satisfactory  certificate  from  one  or 
more  reputable  practicing  physicians  that  such  attendance  is  no  longer  at- 
tended with  risk  to  others  attending  school,  and  may  also  prohibit  the  en- 
trance into  or  attendance  at  any  school  of  all  unvaccinated  persons  who  have 
not  had  the  smallpox.  The  said  Board  of  Control  or  Trustees  may  also  re- 
quire vaccination  of  any  or  all  teachers,  scholars  and  attendants  if  a  case  rf 
smallpox  have  occurred  in  the  city  or  town. 

Civ.  '02,  §  1110;  R.  S.  965;  1883,  XVIII,  292,  §  6. 


Special  Provisions  as  to  Schools  in  Criminal  Code 


§  575.  A  Misdemeanor  for  Certain  Officers  to  Discount  Teachers'  Pay 
Certificates. — It  shall  be  unlawful  for  any  County  Treasurer,  County  Auditor, 
member  of  County  Board  of  Education,  or  School  Trustee,  to  buy,  discount  or 
share,  directly  or  indirectly,  or  be  in  any  way  interested,  in  any  teachers'  pay 
certificate,  or  other  order  on  school  fund,  except  such  as  are  payable  to  him 
for  his  own  services,  or  for  any  School  Trustee  to  make  any  contract,  or  be 
pecuniarily  interested,  directly  or  indirectly,  in  any  contract  with  any  school 
district  of  which  he  is  Trustee.  If  any  of  the  officers  aforesaid  shall  violate 
the  provisions  of  this  section,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  pay  a  fine  of  not  less  than  one  hundred  dol- 
lars nor  more  than  five  hundred  dollars,  to  be  used  for  school  purposes  in  his 
county,  and  shall  be  imprisoned  not  less  than  three  months  nor  more  than 
twelve  months,  or  either  or  both,  and  shall  forfeit  the  amount  of  such  claim 
or  of  his  interest  in  such  claim. 

Grim.  Code  '02,  §  418;  R.  S.  333;  G.  S.  2561;  1900,  XXIII,  366;  1896,  XXII,  150. 

§  576.    School  Officers  Prohibited  from  Being  Agent  for  School  Books. — 

It  shall  be  unlawful  for  any  teacher  of  a  school  supported  in  whole  or  in 
part  from  the  public  school  funds  of  this  State,  or  any  Trustee  of  any  such 
school  or  any  other  school  officer,  to  become  an  active  or  silent  agent  of  any 
school  book  publisher,  or  be  in  any  wise  pecuniarily  interested  in  the  intro- 
duction of  any  school  book  or  books  into  any  school  in  this  State.  Any 
person  violating  any  of  the  provisions  hereof  shall,,  upon  conviction  thereof, 
be  deemed  guilty  of  a  misdemeanor,  and  be  subject  to  a  fine  of  not  less  than 
one  hundred  dollars  or  imprisonment  in  the  county  jail  for  a  period  of  not 
less  than  thirty  days,  or  both,  at  the  discretion  of  the  Circuit  Judge. 
Grim.  Code  '02,  §  419;  1896,  XXII,  170. 

§  577.  County  Superintendents  of  Education  to  Apportion  School  Funds 
Monthly  among  School  Districts. — Within  ten  days  after  the  County  Treas- 
urer makes  his  monthly  report  to  the  County  Superintendent  of  Education, 
showing  the  amount  of  money  collected  by  him  since  his  last  monthly  report, 
it  shall  be  the  duty  of  the  County  Superintendent  of  Education  to  apportion 
the  money  arising  from  a  tax  on  property  as  shown  by  the  Treasurer's  re- 
port among  the  school  districts  of  his  county  and  to  certify  such  apportion- 
ment to  the  County  Treasurer,  together  with  the  poll  tax  belonging  to  each 
district  as  shown  by  said  report;  and  it  shall  be  the  duty  of  the  County 
Treasurer  to  enter  upon  his  book  to" the  credit  of  each  school  district  tho 
amount  due  each  district  according  to  such  certificate  of  apportionment, 
and  the  County  Treasurer  shall  pay  out  the  money  belonging  to  the  respect- 
ive districts,  upon  the  school  warrants  of  such  districts,  duly  signed  and 
countersigned  by  the  school  authorities,  for  that  scholastic  year  in  the  order 
of  their  presentation,  provided  that  there  be  no  outstanding  claims  of  the 
previous  scholastic  year;  and  the  Comptroller  General  shall  receive  the  war- 
rants thus  paid  as  proper  vouchers  in  the  hands  of  the  County  Treasurer. 

The  failure  or  refusal  of  a  County  Superintendent  of  Education  or  a  County 
Treasurer  to  comply  with  the  foregoing  provisions,  or  any  of  them,  shall  con- 
stitute a  misdemeanor,  and  upon  conviction  thereof  he  shall  be  subject  to  a 
fine  of  not  more  than  one  hundred  dollars,  or  imprisonment  in  the  cotmty 
jail  for  not  more  than  thirty  days. 

Grim.  Code  '02,  §  420;  1898,  XXII,  761. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  57 


v  578,  Treasurer  Not  to  Demand  Commission  on  School  Funds. — Any 
(Vifity  Treasurer  who  shall  demand  or  receive  any  commissions  for  paying 
ou<  the  school  funds  paid  out  by  him  from  the  person  charged  with  receiriag 
th<  ft)  or  shall  charge  any  person  commission  on  the  same,  shall  be  deemed 
£U  Ity  of  a  misdemeanor,  and  on  conviction  shall  be  fined  not  less  than  fifty 
•do  lara  for  each  such  offense  or  be  imprsioned  for  a  period  not  less  than  three 
me  itlis. 

i  rim.  Code  1902,  §  421;  G.  S.  2563;  R.  S.  334;  1876,  XVI,  165. 

;  580.  Treasurer  to  Keep  Amount  of  Poll  Tax — Penalty. — The  sereral 
(V  mty  Treasurers  shall  retain  all  the  poll  tax  collected  in  their  respective 
co  ntics:  ;  nd  it  is  hereby  made  the  duty  of  the  said  County  Treasurer,  iu 
co  .ecting  the  poll  tax,  to  keep  an  account  of  the  exact  amount  of  said  tax 
eo  tectcd  in  each  school  district  in  his  county;  and  the  city  of  Charleston, 
fo  the  purpose  of  this  section,  shall  be  deemed  a  school  district,  and  the 
Oc  inty  Treasurer  shall  pay  over  to  the  City  Board  of  School  Commissioners 
th  amount  of  poll  tax  collected  in  said  city;  and  the  poll  tax  collected 
th  rein  shall  be  expended  for  school  purposes  in  the  school  district  from, 
vvl  ich  it  was  collected ;  and  any  violation  of  this  section  by  the  County  Treas- 
ii r  <r  shall  constitute,  and  is  hereby  declared,  a  misdemeanor,  and  on  con- 
vi-  tion  thereof  the  said  County  Treasurer  shall  pay  a  fine  of  not  less  than 
n\  3  hundred  dollars  nor  more  than  five  thousand  dollars,  to  be  used  for 
sc  .ool  purposes  in  the  county  suffering  from  such  violation,  or  imprisonment, 
in  the  discretion  of  the  Court. 

•5rim.  Code  '02.  §  423;  G.  S.  1021;  R.  S.  336;  1878,  XVI,  581. 

5  581.  Treasurer  to  Report  to  School  Commissioner. — He  shall,  on  the 
fif  >eenth  day  of  each  month,  report  to  the  School  Commissioner  of  his  county 
tli  *,  amount  of  collections  and  disbursements  made  by  him  for  the  month  on 
ac  jount  of  poll  tax  and  all  other  school  funds ;  and  it  shall  be  a  misdemeanor 
01  the  part  of  any  County  Treasurer  to  neglect,  fail  or  refuse  to  make  such 
report,  and  on  conviction  thereof  he  shall  pay  a  fine  of  not  less  than  five 
hi  IK'  liars,  tho  same  to  be  used  for  school  purposes  in  the  county. 

.Trim.  Code  '02,  §  424;  G.  S.  1022;  R.  S.  337;  1878,  XVI,  584. 

§  582.  Penalty  for  Neglecting  to  Report  School  Funds  to  Superintendent 
of  Education. — lie  shall  make  out  and  forward  annually  to  the  Superinten- 
d<  nt  rif  Kducation,  on  the  first  day  of  November,  a  certified  statement  show- 
in?,  by  school  districts,  the  amount  of  poll  and  other  school  taxes  collected  by 
him  for  the  fiscal  year  ending  on  the  31st  day  of  October  next  preceding; 
«"i  d  on  fa  ill;  •>!•  refusing  to  make  and  forward  such  state- 

ni-'iil  in-'  State  Superintendent  of  Education  shall  make  a  written  complaint 
to  the  Circuit  Solicitor  for  the  county  in  which  the  said  County  Treasurer 
resides,  who  shall  prosecute  the  said  County  Treasurer  for  the  s  id  on 

M  nvictoin  thereof  he  shall  he  subject  to  a  fine  of  five  hundred  dollars,  the 
"me  to  hi   used  for  free  public  school  purposes  in  his  County. 
Orim.  Code  '02,  §  425;  G.  S.  1023;  R.  S.  338;  1878,  XVI,  584. 

§  583.  Auditor  to  Report  Polls,  etc.— Penalty.— It  shall  be  the  duty  of 
eack  Auditor  to  state,  in  a  separate  column,  the  school  district  in  which  the 
1;  xpnyer  resides.  At  the  expiration  of  the  time  prescribed  by  law  to  receive 
returns  he  shall  make  out  and  forward  to  the  Board  of  Trustees  of  each 
s(  hoo!  district  within  his  county  a  correct  list  of  the  polls  returned  from  their 
respective  districts.  "When  the  School  Trustees  have  reported  to  him  the 
mme*  of  all  persons  who  have  failed  or  neglected  to  make  returns,  it  shall 
!>•}  hi*  duty  to  enter  upon  his  books  the  names  of  all  persons  thus  reported 
to  Iwm,  and  he  shall  enter  the  names  of  said  persons  upon  the  tax  duplicate 


58  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

furnished  the  County  Treasurer.  And  any  Auditor  failing  to  comply  with 
either  or  all  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  before  a  Court  of  competent  jurisdiction 
shall  be  fined  in  a  sum  of  not  more  than  one  hundred  dollars  or  be  imprisoned 
for  a  term  not  exceeding  thirty  days. 

Grim.  Code  '02,  §  426;  R.  S.  339;  1890,  XX,  718;  1891,  XX,  1049;  1892,  XXI,  18. 

§  585.    Exercising  Office  of  Examiner  or  Trustee  after  Removal. — If  a 

member  of  any  County  Board  of  Examiners  in  any  county  of  this  State,  or  a 
Trustee  of  any  school  district,  shall  attempt  to  act  or  discharge  the  duties  of 
either  of  said  offices  after  he  has  been  removed,  or  after  his  successor  shall 
have  qualified,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  after  con- 
viction be  punished  by  a  fine  of  not  less  than  one  hundred  and  one  dollars  or 
imprisonment  for  not  less  than  thirty  days,  or  both,  at  the  discretion  ef  the 
Court. 

Grim.  Code  '02,  §  428;  G  S.  1024;  R.  S.  341;  1878,  XVI,  584. 

§  586.  Failure  of  School  Commissioner  or  County  Treasurer  to  Keep 
"General  Cash  Account." — The  failure  of  any  County  School  Commissioner 
or  any  County  Treasurer  of  this  State  to  keep  a  book  of  entry,  in  which  shall 
be  kept  an  account  known  as  "general  cash  account,"  as  required  by  law, 
;sliall  be  deemed  a  misdemeanor,  and  on  conviction  thereof  he  shall  be  subject 
to  a  fine  of  not  less  than  two  hundred  dollars  or  imprisonment  in  the  county 
jail  for  a.  period  not  less  than  six  months. 

Grim.  Code  '02,  §  429;  G.  S.  342;  1892,  XXI  81. 

§  586a.  Teachers,  Principles  and  Superintendents  Required  to  File  Re- 
ports.— Any  teacher,  principal  or  superintendent  employed  in  the  schools-  of 
this  State,  supported  in  whole  or  in  part  at  public  expense,  shall  file  within 
two  weeks  after  the  close  of  the  session  of  such  school  a  full  and  accurate 
report,  as  now  required  by  law.  Any  person  neglecting,  refusing  or  omitting 
to  file  such  report  when  requested  by  the  County  Superintendent  of  Education 
shall  be  liable  to  the  cancellation  of  his  or  her  certificate  to  teach,  and  to  a 
fine  of  not  more  than  twenty-five  dollars,  to  be  imposed  at  the  discretion  of 
the  County  Board  of  Education. 

§  586b.     Report  to   County  Superintendent  of  Education. — Any   and   all 

prviate  schools  shall  report  to  the  County  Superintendent  of  Education  upon 
request  therefor  of  the  county  wherein  such  school  is  located,  the  number  of 
pupils  receiving  instruction,  the  number  in  regular  attendance,  the  number  of 
teachers  employed,  and  such  other  facts  as  will  show  the  grade  and  amount 
oi'  educational  work  actually  done  in  such  private  school.  Tne  management 
of  such  other  prviate  school  neglecting,  refusing  or  omitting  to  file  such  re- 
port within  two  weeks  after  the  close  of  the  regular  session  shall  be  subject 
to  a  fine  of  not  more  than  twenty-five  dollars. 

§  586c.  County  Superintendents  to  File  Reports  With  State  Superinten- 
dent of  Education. — It  shall  be  the  duty  of  each  County  Superintendent  of 
Education  to  file  with  the  State  Superintendent  of  Education  'within  two 
months  after  the  close  of  the  scholastic  year  a  full  and  accurate  report  of  all 
tr»e  schools  under  his  supervision.  Any  County  Superintendent  failing  to 
make  such  report  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof  in  ;a  Court  of  competent  jurisdiction,  shall  be  fined  in  the  discretion 
of  the  Court  in  a  sum  not  exceeding  fifty  dollars. 

§  586d.  Cancellation  of  Certificates. — The  cancellation  of  any  certificate 
hereunder  shall  be  reported  to  the  State  Board  of  Education,  and -may  be  re- 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA    ,         5$ 

viewed  on  appeal  taken  within  ten  days  after  the  decision     of  the  County 
Board.  i 

§  586e.  County  Board  Fund. — Any  and  all  moneys  collected  hereunder 
shall  be  paid  into  the  County  Treasury,  to  be  disbursed  as  a  part  of  the 
County  Board  Fund,  now  authorized  by  laAv. 

Acts,  1913. 


Regulations  of  State  Board  of  Education 

Rule  1. — The  Governor  shall  be  Chairman,  and  the  State  Superintendent 
P  Education  Secretary  of  the  Board. 

Rule  2. — The  Board  shall  meet  at  the  call  of  the  Chairman,  or  at  the  request 
t!  a  majority  of  its  members.  i 

Rule  3. — The  Secretary  shall  keep  a  record  of  the  actions  of  the  Board  in  a 
ook  provided  for  that  purpose,  which  record  shall  -be  the  only  official  record 
f  its  proceedings. 

Rule  4. — The  order  of  business  shall  be  as  follows :  Calling  to  order,  read- 
L*r  of  minutes  of  the  previous  meeting,  unfinished  business,  reports  of  Com- 
littees,  report  of  the  Chairman,  report  of  the  Secretary,  and  new  business. 

Rule  5. — All  resolutions  shall  be  reduced  to  writing  by  the  mover,  and 
kewise  all  amendments.  .  ; 

Rule  6. — A  motion  must  receive  a  second  before  it  can  be  entitled  to  con- 
deration  by  the  Board. 

Rule  7. — The  Chairman  and  the  Secretary  are  authorized  to  fill  all  vacan- 
ies  that  may  occur  in  the  County  Boards  of  Education,  -and  to  report  their 
ction  to  the  Board  at  its  meeting  for  its  consideration. 

Rule  8. — All  vacancies  in  the  office  of  County  Superintendent  of 'Education 
riall  be  filled  by  ballot,  and  a  two-thirds  vote  of  the  members  present  shall 
e  necessary  to  fill  the  vacancy.  < 

Rule  9. — The  Chairman  and  the  Secretary  are  empowered  to  grant  State 
ertificates  upon  the  presentation  of  diplomas  from  reputable  colleges  and 
niversities  in  other  states  \  of  as  high  rank  as  leading  colleges  of  this  State, 
Lich  presentation  to  be  accompanied  by  the  scholastic  record  and  teaching 
xperience  of  the  applicant,  and  all  certificates  shall  be  subject  to  confirma- 
ion  by  the  State  Board  at  its  next  meeting. 

Rule  10. — After  February,  beginning  in  May,  1903,  there  shall  be  two 
oi:nty  examinations  for  teachers'  certificates  each  year,  to  be  held  in  the 
pring  and  in -the  fall,  and  hereafter  no  teacher  shall  be  employed  in  the 
ublic  schools  of  this  State  who  has  not  registered  a  certificate  in  the  office 
f  the  County  Superintendent  of  Education  and  submitted  proof  thereof  to 
lie  board  of  trustees  employing  him. 

Rule  11. — Every  applicant  for  a  county  certificate  shall  stand  a  satisfactory 
rritten  examination  before  the  County  Board  of  Education,  on  uniform 
[Ucstions  prepared  and  furnished  by  the  State  Board,  the  examination  to  be 
ield  in  all  the  counties  on  the  same  day,  or  he  or  she  shall  present  to  the 
bounty  Board  at  least  an  A.  B.  or  B.  S.  diploma  from  some  reputable  char- 
ered  college  or  university  of  this  State,  whose  curriculum,  standing,  faculty 
ind  equipment  have  been  examined  and  approved  by  the  State  Board  of 
Education.  A  county  certificate  cannot  be  issued  on  a  diploma  or  certificate 
ecured'in  another  state. 

Rule  12. — Uniform  examination  questions  shall  be  prepared  and  furnished 
>y  the  State  Board  of  Education  for  county  examinations. 

Rule  13. — There  shall  be  three  grades  of  Teachers'  County  Certificates — 
5rst  grade,  second  grade  and  third  grade. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  61 

Rule  14. — To  obtain  a  First  Grade  Teachers'  County  Certificate,  the  ap- 
plicant shall  stand  a  written  examination  on  questions  prepared  and  fur- 
nibhed  the  County  Board  of  Education  by  the  State  Board,  and  -shall  make 
a  general  average  of  not  less  than  80  per  cent,  and  not  less  than  50  per  cent. 
on  any  one  branch. 

To  obtain  a  Second  Grade  Teachers'  County  Certificate  the  applicant 
shall  stand  a  written  examination  on  questions  prepared  and  furnished  the 
County  Board  of  Education  by  the  State  Board,  and  shall  make  a  general 
average  of  not  less  than  70  per  cent,  and  not  less  than  45  per  cent,  on  any 
one  branch. 

To  obtain  a  Third  Grade  Teachers'  County  Certificate,  the  applicant  shall 
stand  a  written  examination  on  questions  prepared  and  furnished  the  County 
Board  of  Educatoin  by  the  State  Board,  and  shall  make  a  general  average 
of  not  less  than  60  per  cent.. and  not  less  than  40  per  cent,  on  any  one  branch. 


: 


The  County  Board  may,  in  each  instance,  impose  oral  tests  in  reading  and 
langnage.  In  estimating  for  a  second  or  a  third  grade  certificate  algebra  »eed 
not  be  included;  if  it  would  be  to  the  applicant's  advantage  it  may  be  in- 
cluded. 

Rule  15. — No  person  shall  be  permitted  to  take  the  examination  who  is  not 
at  least  eighteen  years  of  age,  and  before  taking  an  examination  each  appli- 
cant shall  satisfactorily  pass  such  oral  tests  in  reading  and  language  as  the 
Board  may  impose. 

Rule  16. — A  First  Grade  County  Certificate  may  be  renewed  by  the  County 
Board  from  which  it  was  issued.     If,  however,  a  Teachers'  Institute  or  Sum- 
mer School  is  held  in  the  County,  a  First  Grade  Certificate  shall  not  be  re- 
icwed  unless  the  holder  attends  the  Institute  or  Summer  School,  or  shows 
the  State  Board  of  Education  some  satisfactory  reason  for  not  doing  s*. 
Frist  Grade  County  Certificate  shall  not  be  renewed  unless  the  holder 
las  done  some  teaching  during  the  two  years  for  which  the  certificate  was 
issued. 

A  Second  Grade  County  Certificate  may  be  renewed  where  the  holder  at- 
tends a  Teachers'  Institute  or  Summer  School,  or  shows  to  the  State  Board 
iucation  a  satisfactory  reason  for  not  doing  so. 

A  Third  Grade  County  Certificate  shall  not  be  renewed. 

Rule  17. — The  County  Board  shall  issue  to  each  applicant  making  the  re- 
quired ]XT  cent,  a  certificate,,  signed  by  each  member  of  the  Board,  and 
under  the  seal  of  the  office  of  the  County  Superintendent  of  Education  of 
the  county,  and  showing  on  its  face  the  per  cent,  made  on  each  branch  and 
ho  general  average.  The  certificate  shall  run  for  two  years  from  its  date, 
and  the  holder  shall  be  deemed  competent  to  teach  in  the  public  schools  «f 
the  county. 


b 


Rule  18. — No  certificate  of  qualification  shall  be  granted  by  any  County- 
Board  in  any  circumstances  to  any  person  who  is  under  eighteen  years  of 
age. 

Rule  19. — The  County  Board  of  Education  of  one  county  may  recognize  a 
certificate  issued  by  the  County  Board  of  Education  of  another  County,  but  i* 
such  ease  the  County  Superintendent  of  Education  shall  register  the  name  of 
the  holder,  the  county  from  which  the  certificate  was  issued,  the  date  and  nura- 
"  er  of  the  certificate,  and  when  so  registered  the  certificate  shall  have  the 


62  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

same  force  as  if  issued  in  that  county.     This  certificate  can  be  renewed  or 
extended  only  by  the  County  Board  originally  issuing  it. 

Rule  20. — Each  County  Board  shall  keep  a  register,  in  which  shall  be 
recorded  the  name,  age,  sex,  color  and  post  office  of  each  person  to  whom 
a  certificate  is  granted,  and  also  the  date  and  grade  of  the  certificate. 

Rule  21. — A  two-year  State  certificate  may  be  issued  to  any  teacher  suc- 
cessfully completing  at  least  nine  approved  courses  in  a  summer  school 
recognized  by  the  State  Board  of  Education. 

Rule  22. — Any  teacher  holding  a  valid  first  grade  county  certificate  pos- 
sessing two  years'  successful  classroom  experience,  and  pursuing  in  a  rec- 
ognized summer  school  during  three  consecutive  years  not  fewer  than  three 
approved  courses  may  be  granted  a  ten-year  State  -  license  upon  the  presen- 
tation of  full  records  and  reports  to  the  State  Superintendent  of  Education. 

Rule  23. — Any  teacher  who  holds  a  valid  first  grade  county  certificate  and 
who  has  rendered  at  least  five  years  of  successful  service  in  South  Carolina 
may  be  granted  a  State  certificate  to  teach  for  five  years  upon  the  presenta- 
tion of  a  written  statement  testifying  to  the  effectiveness  of  such  service, 
signed  by  the  supervising  principal  or  superintendent  of  school  or  schools 
in  which  such  service  has  been  rendered,  by  the  County  Board  or  Boards  of 
Education,  and  by  the  Board  or  Boards  of  Trustees.  At  the  end  of  five 
years  this  certificate  may  be  extended  by  the  State  Board  of  Education  for 
ari other  period  of  five  years,,  if  satisfactory  evidence  as  above  indicated  is 
again  shown.  At  the  end  of  the  second  period  i the  State  Board  of  Education 
may  grant  a  life  certificate  to  teach,  if  the  evidence  of  continued  successful 
professional  experience  is  satisfactory. 

Rule  24. — Any  teacher  with  a  valid  first  grade  county  certificate  may  be 
given  a  special  five-year  high  school  certificate  upon  presentation  of  satis- 
factory evidence  of  fitness  and  preparation  to  teach  any  designated  high 
school  subject  or  subjects.  A  special  examination  for  the  award  of  high 
school  certificates  shall  be  held  annually  by  the  State  Board  of  Education  at 
such  time  and  place  as  may  be  announced. 

Rule  25.— The  State  Board  of  Education  may  grant  five-year  professional 
certificates  to  teachers  for  the  primary  and  elementary  schools,  if  an  ex- 
amination given  by  the  State  Board  reveals  the  ability  on  the  part  of  the 
applicant  to  teach  in  these  schools.  The  nature  of  these  examinations  will 
be  announced  as  the  occasion  for  such  examinations  may  arise. 

Rule  26.— The  State  Board  of  Education  may  grant  certificates  to  appli- 
cants for  positions  as  teachers  of  the  kindergarten,  of  music,  or  of  industrial 
subjects,  if  satisfactory  evidence  is  revealed  by  examination  or  otherwise  that 
the  applicant  is  able  to  teach  in  any  one  of  these  departments. 

ftule  27. — State  certficates  shall  be  renewed  only  upon  the  presentation  in 
writing  of  satisfactory  evidence  of  successful  teaching  during  the  life  ef  the 
certificate,  and  of  professional  improvement. 

Rule  28. — Every  claim  or  warrant  issued  by  a  Board  of  Trustees  shall  be 
signed  by  at  least  two  members  of  the  Board,  and  should  not  be  approved 
by  the  County  Superintendent  of  Education  until  the  Clerk  of  the  Board 
of  Trustees  has  entered  it  in  a  book  kept  for  that  purpose. 

Any  and  all  school  warrants  issued  by  any  \  Board  of  School  Trustees 
against  any  public  school  fund  shall  not  be  paid  by  the  County  Treasurer 
or  other  officer  having  the  custody  of  such  fund  until  the  warrant  has  been 


. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  63 

a PI  -oved  by  the  County  Superintendent  of  Education  of  the  County  in  which 
&ai.    warrant  is  drawn/    (Section  1759  of  the  Code,  1912). 

>  o  pay  warrant  shall  be  issued  by  any  Board  of  Trustees  or  approved  by 
an?  Oounty  Superintendent  of  Education  in  favor  of  any  teacher  who,  after 
Jui  r  1,  1901,  uses  in  the  public  schools  of  this  State  any  textbook  to  the 
exc  usion  of  the  textbook  or  textbooks  herein  adopted  on  the  same  subject, 
an<  wlio  has  not  registered  in  the  office  of  the  County  Superintendent  of 
Ed  .cation  a  certificate  to  teach. 

1  ule  29.— No  teacher  shall  be  employed  by  the  Board  of  Trustees  who  is 
rel  ted  by  consanguinity  or  affinity  within  the  second  degree  to  a  member 
of  ,he  Board  of  Trustees  or  to  a  principal  of  a  school,  without  the  written 
ap  roval  of  the  County  Board  of  Education,  nor  shall  they  employ  a  teacher 
ho  ling  a  certificate  issued  by  a  County  Board  of  another  county  until  the 
cei  tificate  has  been  duly  registered  in  the  office  of  the  County  Superintendent 
of  Sdueation  of  their  own  county. 

'.  lule  30. — Xo  public  school  supplies  shall  be  purchased  by  school  officers 
fo  use  in  the  public  schools  of  any  county  in  the  State  except  such  as  are 
an  horixed  by  the  State  Board  to  be  sold.  The  venders  of  all  such  supplies 
an  horized  to  be  sold  by  this  Board  shall  enter  into  a  written  contract  with 
Ih  s  Board,  in  which  the  prices  of  the  supplies  shall  be  stated,  and  copies  of 
th  •  supplies  shall  be  placed  in  the  office  of  the  State  Superintendent  of  Edu- 
ca  ion  and  the  supplies  sold  to  the  schools  shall  at  all  times  conform  to  the 
sa  nples,  and  the  prices  shall  not  exceed  the  prices  agreed  on.  The  County 
Beards  may  allow  or  disallow  such  supplies,  or  any  of  them,  to  be  sold  in 
tli  iir  counties.  In  case  they  permit  the  same  to  be  sold,  they  shall  give  the 
vrndor  written  permission  to  offer  the  same  to  the  trustees  of  their  counties, 
th3  prices  of  the  supplies  to  be  named  in  the  written  permission,  leaving 
th  •  purchase  ok*  not,  of  such  supplies  to  the  good  judgment  of  the  Boards 
of  Trust."  x.  In  e;ise  the  trustees  purchase  any  of  such  supplies,  they  may 
give  a  warrant  against  the  school  fund  of  their  district  in  payment  thereof, 
hi  t  in  no  ease  shall  the  County  Superintendent  of  Education  countersign  or 
ei  dorse  any  such  warrant  until  the  supplies  have  been  delivered;  the  County 
Superintendent  shall  hold  all  such  warrants  in  his  possession  until  the  de- 
li •••  -ry  of  the  supplies  is  made.  All  persons  purchasing  any  such  warrants 
before  the  same  have  been  countersigned  by  the  County  Superintendent  of 
K  1  neat  ion,  do  so  at  their  own  risk. 

Rule  31. — In  all  cases  of  appeal  from  decisions  of  County  Boards  notices 

0  '  appeal  must  be  served  on  the  Secretary  of  the  County  Board  of  Education, 

01  the  Secretary  of  the  State  Board  of  Educatoin,  and  also  on  the  respond- 
e  its  within  thirty  days  from  the  decision  of  the  County  Board,  and  all  testi- 
n  ony,  records  and  papers  must  be  on  file  in  the  office  of  the  State  Superin- 
tendent of  Education    at    least   ten  days  before  the  meeting  at   which  the 
appeal  is  to  be  heard.     In  all  appeal  cases,  the  Secretary  of  the  State  Board 
of  Education   shall   assign   an   equal   Length  of  time  for  reviewing  testimony 
and  argument    by   appellants  and  respondents,  and  notice  of  such  time   OH- 
sijrnod  shall  be  accordingly  jriven  by  the  Secretary  of  the  State  Board. 

Rule  32. — The  County  Hoards  of  Education  shall  require  all  public  school 
l-uildiiiirs  to  be  constructed  only  upon  land  owned  by  the  school  district.  No 
shool  building  shall  be  aided  by  county  or  State  funds  under  the  School 
Improvement  aet  unless  constructed  according  to  plans  approved  by  the 
State  Board  of  Education,  and  unless  the  building  is  found  to  be  of  first  class 
material  and  workmanship  upon  inspection  by  the  County  Superintendent  of 
Education. 


64  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

Rule  33. — Regular  school  funds  include:  cash  balance  on  hand  July  1st, 
poll  tax,  constitutional  three-mill  tax,  and  dog  tax. 

Rule  34. — No  district  having  sufficient  regular  school  funds  to  r»a  the 
schools  of  the  district  100  days  shall  receive  term  extension  aid  under  this 
Act. 

Rule  35. — No  aid  shall  be  given  any  district  until  all  the  regular  school 
funds  have  been  expended,  either  by  contract  or  by  actual  outlay. 

Rule  36. — Under  the  term  extension  Act,  no  district  shall  receive  more  than 
$100  from  the  State,  nor  more  than  the  amount  raised  by  special  tax. 

Rule  37. — No  district  shall  receive  aid  from  the  State  unless  each  teadher 
employed  in  the  district  holds  a  certificate  which  has  been  registered  in  the 
office  of  the  County  Superintendent  of  Education. 

Rule  38. — Every  application  shall  be  signed  by  the  chairman,  or  by  the 
clerk  of  the  Board  of  Trustees,  and  by  the  County  Superintendent  of  Edu- 
cation, and  shall  be  accompanied  by  a  certificate  from  the  County  Auditor, 
showing  the  amount  of  special  tax  levied  on  the  property  of  the  district. 

Rule  39. — The  State  Superintendent  shall  forward  the  amount  appropri- 
ated to  any  district  to  the  County  Treasurer  to  be  placed  to  the  credit  ©f  the 
district. 

Rule  40. — No  term  extension  application  shall  be  honored  unless  it 
reaches  the  office  of  the  State  Superintendent  of  Education  on  or  before 
November  15th,  and  no  rural  graded  school  application  shall  be  honored  un- 
less it  reaches  the  office  of  the  State  Superintendent  of  Education  on  or  before 
December  15th. 

Rule  41. — The  State  Superintendent  of  Education  may  refuse  any  appli- 
cation which,  in  his  judgment,,  would  not  increase  the  efficiency  of  the  free 
public  schools;  Provided,  That  such  refusal  be  subject  to  the  review  and  ap- 
proval of  the  State  Board  of  Education. 

Rule  42. — It  is  the  judgment  of  the  State  Board  of  Education  that  the 
work  of  one-teacher  schools  should  be  limited  to  seven  grades ;  the  work 
of  two-teacher  schools,  to  eight  grades ;  the  work  of  three-teacher  schools 
to  nine  grades;  and  the  work  of  four-teacher  schools,  to  ten  grades.  But 
this  recommendation  in  no  measure  limits  the  freedom  of  the  teacher  or  the 
preference  of  trustees  and  patrons. 

Rule  43. — State  aid  under  the  term  extension  law,  the  rural  graded  school 
Jaw,  or  the  high  school  law  may  be  withheld  in  any  instance  where  the 
classification  of  the  pupils  shows  only  one  child  in  a  grade  or  an  enrollment 
of  more  than  fifty  pupils  to  a  teacher  in  any  classroom. 


High  School  Regulations. 

THE  HIGH  SCHOOL  LAW  REQUIRES: 

local  tax  of  not  less  than  four  mills  for  running  expenses, 
'he  full  time  of  as  many  as  two  teachers  above  the  seventh  grade. 
A  minimum  legal  enrollment  of  25  pupils  above  the  seventh  grade. 

A  maximum   of  $500  to  a   two-teacher  high  school,  $600  to  a  three 
t.-  cher  high  school,  and  $700  to  a  high  school  of  four  or  more  teachers. 

ilule  44. — High  schools  receiving  State  appropriations  must  run  not  less 
lli  in  eight  months,  or  160  days. 

Rule  45. — High  school  recitation  periods  in  all  major  subjects  must  be  not 
le:  s  than  40  minutes  each.  The  State  Board  recommends  45-minute  periods 
ex  2ept  in  very  small  classes. 

Rule  46. — A  school  employing  five  teachers  or  six  teachers  shall  not  use 
a.-  y  part  of  the  time  of  more  than  two  teachers  in  its  high  school  department. 

Rule  47. — A  school  employing  seven  or  eight  teachers  may  use  not  more 
ll::in  one-half  the  time  of  a  third  high  school  teacher  in  the  high  school  de- 
!•;  rtment,  Provided,  that  the  enrollment  in  the  high  school  department  and 
the  elementary  department  are  in  such  proportion  as  to  justify  this  division. 
A  1  such  schools  are  to  be  rated  as  two-teacher  high  schools  in  receiving  ap- 
pi  opriations.  \ 

Rule  48.— The  elementary  grades  of  any  school  must  be  adequately  pro- 
vided with  teaching  force  before  three  or  more  teachers  will  be  permitted  in 
a  hi»-h  school  rec«-ivin«r  State  aid.  \o  teacher  in  the  elementary  department 
oi  any  school  receiving  st;»te  hijrh  school  aid  may  have  or  teach  more  than 

50  pupils  a  day. 

Rule  49.-  The  supervising  principal  of  a  two-teacher  high  school  must  de- 
vote not  fewer  than  six  periods  a  day  to  teaching. 

Rule  50. — The  supervising  principal  of  a  three-teacher  high  school  will  not 
be  counted  as  a  full  time  teacher,  unless  he  devotes  as  many  as  nve  periods  a. 

d  iv  to  teaching. 

Rule  51.  The  suprrvisinjr  principal  of  a  four-teacher  high  school  will 
n  )t  be  coun'  full  time  teacher,  unless  he  devotes  as  many  as  four 

].'   riods  a  dav  to 


Rule   52.     No   liiyh    school    teacher,   other   than    the   supervising   principal, 
\\ill  be  counted  a    full  time  teacher,  unless  such  teacher  devotes  as  many  as 

P'  rinds  a  day  to  leach  in  vr. 


Rule  53.-  -No  hi^li  school  will  be  accepted   for  State  aid   whose  superinten- 
dent  or  supervising   principal's  salary   is  unreasonably   out    of   proportion  to 
number  of  ca  he  has  to  supei-vi.se  or  to  the  salaries  of  his  assistants. 


Rule  54.     In  a  1  \v-i-teacher  hi«:h  school,  the  amount   of  State  aid  skill  «ot 
exceed  $;V>  a  month. 

Rule  55.-    To  hi^h  schools  of  three  or  more  teachers,  the   imtial  appropri- 
ation will  be  the  lowest  hiirh  school  salary  up  to  $55  a  month.     Any  additional 


t>G  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

appropriations  will  bo  made  in  accordance  with  Section  6  of  the  High  School 
Act  of  1916,  No.  501,  page  875,  Acts  of  1916. 

Rule  56.— After  July  1,  1917,  no  high  school  will  be  given  State  aid  when 
1here  are  fewer  than  five  pupils  enrolled  in  any  grade. 

Rule  57. — No  high  school  student  in  a  State  aided  high  school  will  be  per- 
mitted to  carry  more  than  five  major  subjects  at  a  time.  Under  tnis  regulation 
English  is  counted  one  subject,  Latin  writh  grammar  or  prose  composition  is 
one  subject,  history  with  civics  is  one  subject.  Arithmetic,  algebra  and 
p  ometry  are  three  separate  subjects,  and  each  division  of  history  is  a  sep- 
arate subject. 

Rule  58. — Each  high  school  teacher  employed  in  a  school  receiving  State 
high  school  aid  must  have  a  valid  first  grade  certificate  properly  registered 
with  the  County  Superintendent  of  Education  of  the  county  in  which  the 
school  is  located.  College  diplomas  are  not  certificates. 

Rule  59. — After  July  1,  1917,  every  high  school  teacher  employed  in  a 
State  aided  high  school  must  give  evidence  of  his  or  her  fitness  to  teach  the 
subjects  he  or  she  teaches  in  that  school.  This  fitness  is  to  be  determined  by 
the  course  or  courses  pursued  by  the  teacher  in  his  or  her  preparation  to 
teach,  or  by  examination  prepared  and  directed  by  the  State  Board,  or  by 
Inspection  of  the  teacher's  w^ork  to  be  reported  to  the  State  Board  in  writing 
by  its  representative  in  cases  where  the  teacher  has  already  taught  these 
subjects  five  years  or  more. 

Rule  60. — Every  high  school  receiving  State  aid  must  use  the  textbooks 
adopted  by  the  State  Board  of  Education  or  submit  in  writing  to  the  State 
Board  what  other  books  are  used  together  with  the  reasons  for  their  use. 
Schools  organized  and  operated  under  legislative  Acts  conferring  special 
powers  and  privileges  with  the  right  of  independent  textbook  adoption  are 
the  only  districts  legally  authorized  to  substitute  texts  in  lieu  of  State 
adopted  books.  The  powers  and  privileges  of  such  special  legislative  dis- 
tricts are  not  abridged  or  affected  by  this  regulation,  but  the  record  of  their 
textbook  uses  will  be  helpful  to  the  State  Board.  Districts  governed  by  the 
general  school  law  cannot  make,  legally,  substitutions  for  State  adopted 
books. 

Rule  61.— State  aid  may  be  withdrawn  from  any  high  school  after  two 
Ttionths'  notice  to  the  local  board  for  inefficient  teaching,  for  the  continuance 
of  an  inadequate  course  of  study,  or  for  lack  of  attendance. 

Rule  62. — Every  high  school  receiving  State  aid  shall  render  Avith  reason- 
able promptness  such  reports  as  are  required  by  the  State  Board.  All  such 
reports  are  to  be  countersigned  by  the  secretary  of  the  local  school  board. 
Any  school  knowingly  making  an  incorrect  report  in  any  matter  affecting  the 
standing  of  the  school  or  its  appropriation  thereby  subjects  itself  to  being 
penalized  by  the  State  Board. 


INDEX 


Section 

Ad.  ption  of  Textbooks  1708 

Ag  nts.  School  Officers  not  to  be  for 

Sile  of  Books  576 

Ag  iculture  Teaching  1813a-1813g 

Ah  >holic  Drinks  1733 

Ap  >eals  to  State  Board  of  Educa- 

t  on  1707,  1736 

Ap  teals  to  County  Boara  of  Educa- 

t  on  1736 

Ap  )eals  under  Compulsory  Attend- 

i  nee  Law  1814h,  1814k 

Ap  >eals,  Procedure  on,  Rules  31 

Ap  >ortionment  of  School  Funds  577,  1720, 

1735 

Ap  >roval  of  School  Claims  1758 

Ap  >roval  of  School  Warrants  1759 

Ar  .or  Day  1809 

Be  uests  for  Educational  Purposes  1702 
Bh  nks  and  Certificates  1699 

Bo  .rd  of  Health  to  Visit  and  Inspect 

t  chools  1598 

Bo  .rd  of  Health  may  close  Schools  1598 
Bo  id  of  State  Superintendent  1698 

Bo  id  of  Publishers  1708 

Bo  id  of  County  Superintendent  1717 

Ca  houn's  Birthday  1809 

Ce  isus  of  Children  1814g 

Census  Clerk  1814g 

Ce:tificates  and  Blanks  1699 

Certificates  of  Teachers  1708,  1737 

Ce  tificates  of  Teachers,  Registry  of  1737 
Ce  -tificates  of  Teachers,  Issuance  of  1737 
Certificates  of  Teachers,  Revocation 

cf  1737 

Cei-tificates  of  Teachers  Rules  as  to  9-27 
Citadel.  Scholarships  in  1710 

Claims,  Report  on  1724 

Claims,  Register  of  1725 

Claims,  Need  not  be  Impressed  with 

Seal  1727 

Claims  of  County  Superintendent  1728 
Claims  against  School  Funds  1758 

Claims,  Proof  of  Old  1805 

Chims,  Borrowing  Money  to  Pay  1806 
Ch  ims,  Rules  as  to  Approval  28 

Chmson,  Scholarships  in  1710,1714b-1714e 
Chrk  Hire  Allowed  State  Superinten- 
dent 1701 
Co  npetitive  Examination  for  Schol- 
arships 1710-1711 
Compulsory  Attendance  Law  Petition 

its  to  1814J 

Compulsory  Attendance  Law.  Rules 

and  Regulations  1814k 

Compulsory  Attendance  between 

Ages  of  8  and  14  1814a-1814n 

Compulsory  Attendance,  Period  of  1814a 
Compulsory  Attendance.  Exemptions 

from  18l4b-l8l4d 

Compulsory  Attendance,  Duties  of 

Parent,  Guardian,  etc  1814d-1814f 

Compulsory  Attendance  between 

Ages  of  14  and  16  Years  1814e 


Section 

Compulsory      Attendance,      Penalties 
for  Violations  1814f 

Contracts,   Limitation  on  1777 

County  Board  of  Education,  Supplies 
for  1723 

County  Board  of  Education,  Appoint- 
ment 1729 

County  Board  of  Education,  Term       1729 

County  Board  of  Education,  Duties     1730 

County  Board  of  Education,  Advisory 
Powers  1736 

County  Board  of  Education,  Appeals 
to  and  from  1736 

County  Board  of  Education    Meetings 
of  1737 

County   Board  of  Education,   Officers 
of  1737 

County   Board   of  Education   to   Cre- 
ate School  Districts  1738 

County  Board  of  Education,   Sale  of 
School  Property  1755 

County  Board  of  Education,  Exempt 
from  Militia  Duty  1779 

County    Board   of    Education,    Duties 
under  Compulsory  Attendance  Law 

1814a,    1814g,    1814h-1814j 

County    Board   of   Education   to    Pay 
for  Census  1814g 

County    Board    of    Education    to    Fix 
Period  for  Compulsory  Attendance 

1814a.  1814i 

County   Board  of  Education   to   Pub- 
lish Laws  1814i 

County  Board  of  Education,  Vacancy 
in,  Rules  7 

County     Superintendent    to     Conduct 
Examinations  1711 

County  Superintendent,  Election 

County  Superintendent,  Term 

County  Superintendent.   Bond  1717 

County   Superintendent.    Removal   of, 
Removal  from  office  1717 

County   Superintendent,  Vacancies   in 
Office  1717,  1718 

County  Superintendent,  Duties  1719 

County  Superintendent,  when  to  Qua- 
lify 1717 

County       Superintendent     to       Visit 
Schools  ^  1719 

County     Superintendent     to     Attend 
Settlements  1720 

County   Superintendent   to   Apportion 
School  Funds  1720 

County    Superintendent,    Reports        1721, 

1722,    1724 

County    Superintendent     to     Register 
Claims  1724 

County   Superintendent  to   Report  on 
Claims  1724 

County  Superintendent,  Seal  of  1727 

County  Superintendent,  Salary  1728 

County   Superintendent,   Expenses       1728 

Course  of  Studies     1708.  1731,  1732.  1733 


INBEX 


Section 

»e»eftito.ry  for  Sale  of  School  Books  1708, 

1795 

Depositories  for  School  Books  1708 

Devise  for  Educational  Purposes        1702 
Direct  Tax  Funds  1702 

Discounting  Teachers'  Pay  Warrants  575 
Election  of  State  Superintendents  1698 
Election  as  to  Special  Tax  Lew  1742 
Election  as  to  School  Bonds  1743,  1745 
Election  as  to  Compulsory  Attend- 
ance Law  181 4j 
Enrollment  Defined  1716 
Examination  of  Teachers  1708 
Examination  of  Teachers,  Rules  as 

to  9-27 

Factories,  etc.,  Inspection  of  1814g 

Form  of  School  Registers  1725 

Gifts  for  Educational  Purposes  1702 

Gifts  for  Educational  Purposes,  Con- 
stitutional Sections  10,  11 
Government  of  Schools  1708 
Guardians   to   Compel   Attendance   of 

Wards  1814a-1814f 

High  Schools,  Establishment  of       1812a- 

1812g 

High  Schools,  Rules  as  to  Aid  for  43-62 
Institutions  of  Higher  Learning,  Re- 
ports by  1700 
Kindergartens  1778a-1778d 
Libraries,  Funds  for  1796,  1797 
Libraries,  Selection  of  Books  for  1798 
Libraries,  Preservation  of  1799 
Libraries,  Appropriation  for  1801 
Libraries,  Exchange  of  1800 
Libraries,  Enlargement  of  1803 
Libraries  Limited1  1802 
Mixed  Schools  Unlawful  1780 
Narcotics  1733 
Night  Schools  1716 
Normal  Course  for  Teachers  1713 
Normal  Scholarships,  Notes  of  Hold- 
ers 1714 
Notes  of  Holders  of  Scholarships  1714 
Notice  of  Opening  of  Schools  1814h,  1814J 
Notice  of  Non- Attendance  1814f 
Parents  to  Compel  Attendance  of 

Children  1814a-1814f 

Penalties  1734 

Penalties  on  Parents  and  Guardians  1814f 
Penalises  on  Teachers  1814h,  586a 

Penalties  on  County  Treasurer  582 

Penalties  on  Auditor  583 

Penalties    on    Examiner    or    Trustee, 

Acting  after  Removal  585 

Penalties   for*  Failure  to   Keep    Cash 

Account  586 

Petition  for  New  School   District       1738 
Petition  for   Consolidation   of   School 

Districts  1738 

Petition  for  Election  as   to   Levy  of 

Tax  1742 

Petition  for  Election  as  to  Bonds        1743 
Petition  as  to     Compulsory     Atten- 
dance Law  1814J 
Pbvsiolojfy     &fc4    Hygiene    te    be 

Tauffhl 

Fltns  for  Sehoolhousfcs  1765 

Poll  Taxes,  Collection  of  1735,  578 

Poll  Taxes,  Report  by  Auditor  1769 


Section 

Poll  Taxes,  Where  to  be  Expended  1770 
Poll  Taxes,  Report  of  Collections  1771, 

581 

Poll  Taxes,  Constitutional  Provisions  6 
Private  Educational  Institutions,  Re- 
ports 1811 
Pupils,  Enrollment  of  1700 
Pupils,  Transfer  of  1756 
Pupils,  Suspension  of  1761 
Pupils,  Discharge  of  1761 
Pupils,  Age  of  1778 
Pupils  in  Kindergartens  1778a 
Pupils,  Compulsory  Attendance  of  1814a, 

1814n 

Pupils,  Record  of  Attendance  1814h 

Pupils,  Conveyance  to  School  1817f 

Records  of  State  Board  of  Educa- 
tion 1706 
Reports  by  State  Superintendent  1700 
Reports  of  Enrollment  1700 
Reports  of  State  Institution  of  High- 
er Learning  1700 
Reports  of  Private  and  Other  Educa- 
tional Institutions  1811 
Reports  of  Attendance  1814h,  586a 
Rules  of  State  Board  1708 
Rules  for  Examination  of  Teachers  1708 
Rules  for  Government  of  Schools  1708 
Rural  Schools,  Aid  for  1816a-1816d 
Salary  of  State  Superintendent  1698 
Salary  of  County  Superintendent  1728 
Salary  of  Teachers,  Warrants  for  1757 
Salary  of  Officers  Handling  School 

Funds,  Constitutional   Section  4 

Sale  of  School  Property  1755 

Sale  of  Textbooks  1708 

Sale  of  Textbooks,  Agents  for  576 

Schools,   Visiting   by   Trustees  1761 

Schools,  Terms  1777 

Scholastic  Year,  Reports  for  1700 

Scholastic  Year,  Commencement  of  1781 
Scholarships.  Award  of  1708,  1709,  171> 
Scholarships,  Examinations  for  1710 

Scholarships,  Regulations  as  to  1711 

Scholarships,  Vacancies  in  1712 

Scholarships  in  Citadel  1710 

Scholarships   in   University  1713 

Scholarships  in  Winthrop  1714a 

Scholarships  for  Teachers  1713 

Scholarships  in  Clemson  1714,1714b-1714g 
Scholarships,  Age  Limit  1714f 

School  Bonds,  Provision  for  1738 

School  Bonds,  Election  as  to 
School  Bonds,  Issuance  of 
School  Bonds,  Sale  of  1746 

School  Bonds,  Levy  of  Tax  to  Pay  1746 
School  Bonds,  How  Signed  1747 

School  Bonds,  Use  of  Proceeds  of  1748 
School  Bonds,  Exempt  from  Taxation 

1751 

School  Districts,  Formation  1738 

School  Districts,  Size  1738 

School  Districts,  Powers  of  1738 

School  Districts,  Changes  in  1738 

School    Districts   in   Adjoining   Coun- 
ties 1738,  1750 
School   Districts,   Dissolution  of  1739 


School  Districts  Management  of 


1740, 
1753 


Section 

Sc  iool  Districts.  Tax  Districts  1741,  1768 
Si  iool  Districts,  Special  Tax  Levy  in  17 12 
Si  iool  Districts  may  issue  Bonds  1743 
Si  iool  Districts,  Survey  of  1743 

Si  iool  Districts  of  over  5000  1752 

Si  iool    Districts    Stated    in    Tax    Re- 

;urns  1768 

S^  iiool  Funds,  Apportionment  of  1735 
Si  hool  Funds,  Disbursement  of  1736.  1773 
S.  hool  Funds,  Custody  of  1746 

S«  hool    Funds,   Depositories   for  1746 

S  hool  Funds  Monthly  Report,  of       1772 
S  hool  Funds,  Report  to  State  Super- 
intendent 1774 
s  -iift«i  Funds,  Unexpended  Balances  1776 
Funds  Reserve  Fund       1807,  1808 

33-39 
1761 

S  :hoolhouses,.  Insurance  of  1761a-17611 
S  choolhouses.  Location  (Note)  176 ' 

S  choolhouses,  Funds  for  Building       1762- 

1767 
Consolidated    Build- 

1764 

for  1765 

Lands   belong- 

32 
1761 
1755 
1699 


INDEX 


hool 
S  :hool 

S  ;hool  Funds,  Rules  as  to 
S  :hoolhouses,  Provisions  for 


choolhouses    in 
ings 

choolhouses,  Plans 
choolhouses   only 


on 


I 


ing  to  District,  Rules 
!  chool  Property,  Control  of 
School  Property,  Sale  of 
School   Register  to  be  Supplied 
>chool    Supplies,    Rules    as    to    Pur- 
chasing 30 
>eal  of  County  Superintendent             1727 
Sectarian  Schools,  Constitutional  sec- 
tion 9 
Separate  Schools  for  Different  Races. 

Constitutional  Section  7 

Sinking  Funds,  Provision  for  1746 

Sinking  Funds,  Care  of  1749 

South  Carolina  Day  1809 

State  Board  of  Education  Powers  as 

to  Textbooks  1699 

State    Board   of   Education,   Appoint- 
ment of  1705 
State    Board    of    Education,    Minutes 

and  Records  1705 

State  Board  of  Education,  Secretary  1705 
State  Board  of  Education,  Chairman  1705 
State  Board  of  Education,  Meetings  1706 
State  Board  of  Education,  Compen- 
sation 1706 
State  Board  of  Education,  Advisory 

Powers  1707 

State  Board  of  Education,  Appeals  to  1707 
State  Board  of  Education,  Powers  1708 
State  Board  of  Education,  Rules  1708 
State  Board  of  Education  to  Award 

Scholarships  1711 

State  Board  of  Education  to  Appoint 

County  Superintendents  1718 

State   Board    of    Education     Exempt 

from  Militia   Duty  1779 

State   Board   of   Education,   Constitu- 
tional Provisions,  Section  2 
Stete  Board  of  Education,  Rules  and 

Regulations  1-62 

State    Superintendent    of     Education. 
Election  1698 


Section 
State    Superintendent    of    Education, 

Bond  1698 

State   Superintendent    or     Education, 

Salary  1698 

State     Superintendent    of   Education, 

Traveling  Expenses  1698 

State     Superintendent    of   Education. 

Duties  1699.    1703 

State     Superintendent    of    Education, 

Reports  by  1700 

State    Superintendent    of     Education, 

Clerk  Hire  Allowed  1701 

State    Superintendent    of    Education, 

Transfer  to  Successor  1703 

State   Superintendent    of    Education, 

Vacancy  in  Office  1704 

State    Superintendent    of    Education, 
to    Prescribe    Registry    of    Claims, 
etc.,  by  County   Superintendent       1725 
State    Superintendent     of    Education, 

Constitutional   Section  1 

State  Treasurer  to  Receive  Gifts,  etc 

1702 
Supplementary     Reading     in     Public 

Schools  1715a-1715c 

Tax,  Three  Mills  Constitutional  1735 

Tax,  Poll  1735 

Tax,  Special  in  School  Districts  1742,  1792 
Tax  to  Retire   School  Bonds  1746 

Tax  on  Doss  1790 

Taxation,     Exemption     from,     School 

Bonds  1751 

Teachers,  Examination  of  1708 

Teachers,  Standard  of  Proficiency       1708 
Teachers,  Certificates  of,  State  Board 

to  Grant  1708 

Teachers,      Certificates      of,      County 

Board  to  Grant  1737 

Teachers,   Certificates    of,     Cancella- 
tion of  586d 
Teachers,  Certificates  of,  Rules  Gov- 
erning County  Board                          10-20 
Teachers,  Certificates  of,  Rules  Gov- 
erning State  Board  9-12,  16,  21-27,  58-59 
Teachers,  Certificates  of,  Registry  of, 

Rule  20,  1737 

Teachers,  Normal  Course  for  1713 

Teachers,  Scholarships  for  1713 

Teachers,  Monthly  Reports  by  1757 

Teachers,  Warrants  for  Salaries  of  1757, 

1761 

Teachers,  Employment  of  1761,  1777 

Teachers,  Discharge  of  1761 

Teachers,  Qualifications  of          1761,  1777 
Teachers   in   Kindergartens  1778c 

Teachers,   Training    Courses    for,    in 

High  Schools  1812h 

Teachers  may  excuse  Temporary  Ab- 
sences 1814d 
Teachers  to  Keep  Record  of  Attend- 
ance                                                       1814h 
Teachers,  Deductions  from  Salary     1814h 
Teachers,  Annual  Reports  by  586a 
Teachers,    Number  of   Grades,   Rules 

as  to  43 

Term  of  Schools,  Minimum  1782 

Term  of  Schools,  Trustees  to   Regu- 
late 1777 


INDEX 


Section 
Term    of    Schools,    Appropriation    to 

Lengthen  .  1783-1788 

Term  of  Schools  for  Compulsory  At- 
tendance 1814a 
Textbooks,  Uniformity  in  1699,  1708 
Textbooks,  Sectarian  or  Partisan  1699 
Textbooks  to  be  Prescribed  1708 
Textbooks,  Adoption  1708 
Textbooks,  Depositories  for  1708,  1793, 

1795 

Textbooks,   Sale  of  1708 

Textbooks  at  Cost  1793 

Textbooks  may  be  Furnished  Free       1794 
Textbooks  Prohibited  1804 

Textbooks  in  Agriculture  1813g 

Three-Mill  Tax  1735 

Three-Mill  Tax,  Constitutional  Section     6 
Trustees  1702 

Trustees,  Powers  1761 

Trustees,  Appointment  of  1752 

Trustees,  Term  1752 

Trustees,  Duties  1752-1753,   1760 

Trustees,  Qualifications  of  1752 

Trustees,  Removal  of  1752,  1814m 

Trustees,  Meetings  of  1754 

Trustees  may  sell  Property  1755 

Trustees     not     to     Receive     Pay     as 

Teachers  1760 

Trustees,  Contracts  by  1777 


Section 

Trustees  Exempt  from  Militia  Duty  1779 

Trustees  to  Fix  Compulsory  Attend- 
ance Term  1814a 

Trustees    may     excuse     Non-Attend- 
ance 1814b 

Trustees    to    Take    Census    of    Child- 
ren 1814g 

Trustees   to   Give   Notice  of  Non-At- 
tendance  1814g 

Trustees  to  Give  Notice  of  Opening 
of  Schools  1814h,   1814J 

Tuition  not  to  be  Charged  in  Public 
Schools  18141 

Vacancies  in  Scholarships  1712 

Vacancies  in  Office  of  County  Super- 
intendent, Rule  8,  1717,  1718 

Vacancies   in   Office   of   State    Super- 
intendent 1704 

Vacancies   in   County   Board  of   Edu- 
cation, Rule  7 

Vacancies  in  Board  of  District  Trus- 
tees 1752 

Vaccination     may     be     Required     in 
.Schools  1607 

Warrants,    Issuance    and    Approval    1757, 

1759 

Warrants,  Conditions  Precedent         1814h 

Warrants,  Rules  as  to  28 

Winthrop,   Scholarships   in       1710,   1714a 


LAWS 
ELATING  TO  EDUCATION 


ENACTED  AT  THE  1917  SESSION 


OF  THE 


GENERAL  ASSEMBLY  OF  SOUTH  CAROLINA 


ISSUED  BY 

STATE  DEPARTMENT  OF  EDUCATION 

COLUMBIA 


J.  E.  SWEARINGEN 

STATE  SUPERINTENDENT  OF  EDUCATION 


THK  K.   I..   HKYAN   COMPANY 

COI.l'MBIA.   S.  C. 

1917 


AN  ACT  to  Provide  for  Consolidated  and  Graded  Schools  in 

(Country  Districts,  and  to  Appropriate  One  Hundred  Eighty- 
seven    Thousand    Five    Hundred    ($187,500.00)    Dollars    to 
.      Encourage  the  Same. 

Section  1.  Appropriation  for  Rural  School  Aid. — Be  it  enacted 
by  the  General  Assembly  of  the  State  of  South  Carolina :  Not  less 
than  one  hundred  eighty-seven  thousand  five  hundred  ($187,500.00) 
dollars  shall  be  appropriated  annually  for  the  purpose  of  assisting 
rural  school  districts  in  the  establishment,  maintenance,  and  improve- 
ment of  rural  graded  schools  under  the  conditions  and  provisions 
of  the  following  sections  of  this  Act. 

§  2.  Conditions  Precedent  to  Receiving  Aid  Hereunder — Two 
Hundred  Dollar  Class. — When  any  rural  school  district  shall  levy 
and  collect  a  special  school  tax  of  not  less  than  four  (4)  mills,  and 
when  a  school  in  such  district  employs  two  certified  teachers  for  a 
school  term  of  not  less  than  six  months,  or  twenty-four  weeks,  and 
when  such  school  has  a  legal  enrollment  of  not  fewer  than  fifty 
pupils  by  December  15th,  and  an  average  daily  attendance  for  the 
session  of  not  fewer  than  thirty  pupils,  and  when  such  school  is 
taught  in  a  comfortable  and  sanitary  building,  provided  with  the 
minimum  equipment  prescribed  by  the  State  Board  of  Education, 
and  when  it  uses  a  course  of  study  and  classification  approved  by 
the  State  Board  of  Education,  it  shall  be  entitled  to  receive  State 
aid  under  this  Act  to  the  amount  of  $200.00  per  year. 

§  3.  Same— Three  Hundred  Dollar  Class.— When  any  rural 
school  district  shall  levy  and  collect  a  special  school  tax  of  not  less 
than  four  (4)  mills,  and  when  such  school  employs  three  or  more 
certified  teachers  for  a  school  term  of  not  less  than  seven  months,  or 
twenty-eight  weeks,  and  when  such  school  has  a  legal  enrollment  of 
not  fewer  than  seventy-five  pupils  by  December  15th,  and  an  average 
daily  attendance  for  the  session  of  not  fewer  than  forty  pupils,  and 
when  such  school  is  taught  in  a  comfortable  and  sanitary  building, 
provided  with  the  minimum  equipment  prescribed  by  the  State 
Board  of  Education,  and  when  it  uses  a  course  of  study  and  classi- 
fication approved  by  the  State  Board  of  Education,  it  shall  be  enti- 
tled to  receive  State  aid  under  this  Act  the  amount  of  $300.00  per 
year. 


§  4.  Same— Four  Hundred  Dollar  Class.— When  any  rural 
school  district  shall  levy  and  collect  a  special  school  tax  of  not  less 
than  four  (4)  mills,  and  when  such  school  employs  four  certified 
teachers  for  a  school  term  of  not  less  than  seven  months,  or  twenty- 
eight  weeks,  and  when  such  school  has  a  legal  enrollment  of  not 
fewer  than  one  hundred  pupils  by  December  15th,  and  an  average 
daily  attendance  for  the  session  of  not  fewer  than  sixty  pupils,  and 
when  such  school  is  taught  in  a  comfortable  building  containing  not 
fewer  than  four  classrooms,  provided  with  the  minimum  equipment 
prescribed  by  the  State  Board  of  Education,  and  when  it  uses  a 
course  of  study  and  classification  approved  by  the  State  Board  of 
Education,  it  shall  be  entitled  to  receive  State  aid  under  this  Act  to 
amount  of  $400.00  per  year. 

§  5.  Same — Five  Hundred  Dollar  Class. — When  any  rural 
school  district  shall  levy  and  collect  a  special  school  tax  of  not  less 
than  four  (4)  mills,  and  when  such  school  employs  five  certified 
teachers  for  a  school  term  of  not  less  than  seven  months,  or  twenty- 
eight  weeks,  and  when  such  school  has  a  legal  enrollment  of  not 
fewer  than  one  hundred  and  twenty-five  pupils  by  December  15th, 
and  an  average  daily  attendance  for  the  session  of  not  fewer  than 
seventy-five  pupils,  and  when  such  school  is  taught  in  a  comfortable 
and  sanitary  building,  containing  not  fewer  than  five  classrooms, 
provided  with  the  minimum  equipment  prescribed  by  the  State 
Board  of  Education,  and  when  it  uses  a  course  of  study  and  classi- 
fication approved  by  the  State  Board  of  Education,  it  shall  be  enti- 
tled to  receive  State  aid  under  this  Act  to  the  amount  of  $500.00 
per  year. 

§  6.  Teacher  in  Rural  Graded  School  Not  to  Instruct  More 
Than  Fifty  Pupils — Certain  Schools  Not  to  Receive  Aid. — No 

teacher  in  a  rural  graded  school  shall  enroll  or  instruct  more  than 
fifty  pupils ;  and  no  district  receiving  term  extension  aid  or  high 
school  aid  shall  be  entitled  to  receive  rural  graded  school  aid. 

§  7.  Application — Program  of  Work  to  Accompany — Time  of 
Filing — To  Be  Approved  by  County  Superintendent. — The  State 
Superintendent  of  Education  shall  prescribe  and  furnish  to  the 
County  Superintendents  all  necessary  forms  and  blanks  for  making 
application  for  State  aid,  and  every  such  application,  accompanied 
by  a  full,  clear  and  legible  program  of  each  teacher's  daily  class- 
room work,  shall  be  filed  with  the  State  Superintendent  of  Educa- 
tion not  later  than  December  31st.  Each  application  and  each 


accompanying  program  shall  be  examined  and  approved  in  writing 
by  the  County  Superintendent  before  State  aid  is  granted. 

§  8.  Annual  Report  to  Be  Filed  Before  Application  Can  Be 
Approved. — The  annual  report  of  any  rural  graded  school 
receiving  State  aid  shall  be  filed  with  the  State  Superintendent  of 
Education  and  a  duplicate  copy  thereof  with  the  County  Superin- 
tendent in  accordance  with  Act  No.  128,  page  191,  Statutes  1913, 
before  the  application  of  such  school  for  further  aid  is  approved  or 
paid. 

§  9.  When  Aid  May  Be  Refused. — The  State  Superintendent 
of  Education  may  refuse  aid  under  the  provisions  of  this  Act  if  it 
is  made  to  appear  to  him  that  the  expenditure  would  be  unwise  and 
detrimental  to  the  interest  of  free  school  education  in  said  district. 

§  10.  Rules  and  Regulations. — The  State  Superintendent  of 
Education,  with  the  State  Board  of  Education,  shall  provide  rules 
and  regulations  for  the  distribution  of  this  fund,  and  shall  publish 
such  regulations  to  the  various  County  Superintendents  of  Educa- 
tion, who,  in  turn,  shall  publish  them  to  the  various  Trustees. 

§  11.  Transportation  of  Children  Permissible. — It  shall  be 
lawful  for  the  School  Trustees  of  a  district  to  use  the  State  aid 
obtained  under  the  provisons  of  this  Act  to  furnish  public  convey- 
ance of  children  to  the  school,  when,  in  the  opinion  of  the  Trustees 
and  the  County  Superintendent,  such  action  is  wise  and  expedient. 

§  12.  Disbursement  by  Voucher. — All  disbursements  under 
this  Act  shall  be  made  on  duly  itemized  vouchers,  approved  by  the 
Comptroller  General. 

§  13.  Effective  July  1.— This  Act  shall  take  effect  on  July  1st, 
following  the  approval  by  the  Governor. 

§  14.  Inconsistent  Acts  Repealed. — All  Acts  or  parts  of  Acts 
inconsistent  with  the  terms  of  this  Act  be,  and  are  hereby,  repealed. 
Approved  Feb.  27. 


AN  ACT  to  Provide  for  the  Teaching  of  Agriculture  in  the  Public 
Schools  of  the  State,  and  to  Place  the  Same  Under  the  Super- 
vision of  the  State. 

Section  1.  Appropriation  for  Teaching  Agriculture  in  Public 
Schools. — Be  it  enacted  by  the  General  Assembly  of  the  State  of 
South  Carolina,  That  to  promote  the  teaching  of  agriculture  in  the 
public  schools,  there  is  hereby  annually  appropriated  out  of  the 


6 

State  treasury  ten  thousand  ($10,000.00)  dollars  to  be  expended  as 
hereinafter  provided  by  the  State  Superintendent  of  Education,  in 
consolidated  schools  doing  practical  classroom  and  field  work  in 
agriculture. 

§  2.  Prerequisites  to  Securing  Teaching  Qualifications  of 
Teacher — Duties — State  Aid. — Whenever  the  Board  of  Trustees 
of  three  or  more  school  districts  shall  raise  from  regular  funds, 
local  taxes,  private  subscription  or  otherwise  and  shall  deposit  with 
the  County  Treasurer  not  less  than  seven  hundred  and  fifty  ($750.00) 
dollars  to  be  expended  by  the  County  Board  of  Education,  upon  their 
warrant  duly  approved  by  the  County  Superintendent,  for  the  teach- 
ing of  agriculture  in  their  respective  districts,  such  group  of  dis- 
tricts shall  be  entitled  to  seven  hundred  and  fifty  ($750.00)  dollars, 
and  not  more  than  twelve  hundred  and  fifty  ($1,250.00)  dollars, 
from  the  State  or  supplied  by  the  State,  to  be  used  to  pay  the  salary 
of  a  man  who  shall  be  a  graduate  in  agriculture  of  a  State  agricul- 
tural college,  or  a  college  graduate  versed  in  agriculture,  who  shall 
be  employed  for  a  term  of  at  least  three  years,  who  shall  devote  full 
time  to  classroom  instruction  in  agriculture,  field  work  on  the  school 
farm,  school  garden  or  school  orchard  or  in  any  other  line  of  agri- 
cultural teaching  or  educational  activity  needed  in  the  territory  com- 
posing the  districts.  Such  trained  agricultural  teacher  shall  be 
employed  jointly  by  the  County  Superintendent  of  Education,  the 
State  Superintendent  of  Education  and  the  State  Supervisor  of 
Agricultural  Instruction,  and  may  serve  as  superintendent  or  prin- 
cipal of  the  group  of  co-operating  schools,  shall  reside  during  the 
twelve  months  of  the  year  in  the  territory  he  serves,  shall  possess 
all  of  the  scholarship  requirements  demanded  of  other  teachers,  shall 
hold  a  valid  certificate  duly  registered  in  the  County  Superintendent's 
office,  and  shall  be  subject  to  the  supervision  of  the  State  Supervisor 
of  Agricultural  Instruction,  who  shall  be  a  specialist  in  agricultural 
education,  to  be  elected  by  the  State  Board  of  Education.  He  may 
do  teacher  training  work  in  Clemson  Agricultural  and  Mechanical 
College,  as  may  be  agreed  upon  by  the  State  Superintendent  of  Edu- 
cation and  the  president  of  the  college.  The  teacher  of  agriculture 
in  schools  included  under  this  Act  shall  make  all  reports  required  of 
public  school  teachers,  and  in  addition  thereto  shall  furnish  such 
other  special  reports  as  may  be  required  in  his  special  field,  by  the 
chief  of  the  extension  forces  of  Clemson  College,  such  report  to  be 
made  in  triplicate,  one  copy  to  be  filed  with  the  County  Superin- 
tendent of  Education,  one  copy  with  the  State  Superintendent  of 


Education  and  one  copy  with  the  State  Supervisor  of  Agricultural 
Instruction :  Provided,  That  if  any  one  school  district  shall  raise  by 
taxation,  private  subscription  or  otherwise  at  least  seven  hundred 
and  fifty  ($750.00)  dollars,  such  school  shall  be  entitled  to  receive 
two  hundred  and  fifty  ($250.00)  dollars  State  aid:  Provided, 
further,  That  if  any  two  school  districts  shall  so  raise  seven  hundred 
and  fifty  ($750.00)  dollars,  such  schools  shall  receive  five  hundred 
($500.00)  dollars  State  aid  under  the  provisions  of  this  Act. 

§  3.  Conditions  Required  of  Schools — School  Farm — Courses 
of  Instruction. — Any  public  school  co-operating  in  this  work  shall 
have  an  enrollment  of  at  least  fifty  pupils  with  a  regular  attendance 
of  at  least  thirty  pupils,  two  or  more  teachers  of  the  usual  public 
school  subjects,  a  term  of  six  months,  a  local  tax  of  not  less  than 
four  mills,  a  comfortable  and  sanitary  building  of  at  least  two  rooms, 
a  school  farm  of  not  less  than  two  acres,  in  addition  to  school  site, 
the  minimum  equipment  prescribed  by  the  State  Board  of  Educa- 
tion, and  shall  use  the  textbooks  and  course  of  study  regularly 
required  of  other  public  schools.  The  said  school  farm  of  two  or 
more  acres  shall  be  secured  by  the  trustees  of  the  school  district  in 
which  the  school  is  located,  and  shall  be  cultivated  under  the  super- 
vision of  the  agricultural  teacher  who  may  require  this  cultivation 
to  be  done,  so  far  as  may  be  practicable,  by  the  pupils  being  taught 
agriculture  in  such  school,  the  proceeds  from  sales  of  crops  grown 
on  said  farm  may  be  used  to  defray  the  expenses  of  the  said  farm, 
the  surplus,  if  any,  may  revert  to  the  school  district  or  be  disposed  of 
as  may  be  directed  by  the  trustees  of  the  said  school  district.  The 
special  lessons  or  course  in  agriculture  may  be  adapted  to  the  com- 
munity needs  as  recognized  by  the  agricultural  teacher,  and  such 
teacher  shall  have  full  right  and  absolute  freedom  in  the  introduction 
and  presentation  of  any  additional  lessons,  bulletins,  instruction  or 
other  matter  that  may  be  furnished  by  the  United  States  Department 
of  Agriculture,  the  State  Department  of  Agriculture,  Clemson  Col- 
lege or  any  other  agricultural  college  or  experiment  station.  All 
such  modifications  of  the  course  of  study  shall  be  reported  in  writing 
to  the  County  Superintendent  of  Education  and  to  the  State  Super- 
intendent of  Education,  and  shall  not  be  continued  in  any  school  over 
the  disapproval  of  the  State  Board  of  Education. 

§  4.  No  Tuition  to  Be  Charged — Schools  Not  Ineligible  for 
Other  Aid. — Any  school  receiving  State  aid  for  agricultural  teach- 
ing shall  enroll  free  of  charge  any  pupil  desiring  to  pursue  such  a 
course  and  possessing  sufficient  knowledge  of  the  elementary  public 


8 

school  subjects  to  enable  him,  in  the  opinion  of  the  agricultural 
teacher,  to  do  this  work  with  advantage.  Schools  receiving  aid  for 
agricultural  work  shall  not  be  ineligible  to  share  in  the  State  appro- 
priation for  term  extension,  rural  graded  schools  or  high  schools. 

§  5.  Textbook  to  Be  Adopted.— The  State  Board  of  Education, 
upon  the  recommendation  of  the  State  Supervisor  of  Agricultural 
Instruction,  is  hereby  authorized  to  adopt  a  textbook  on  agriculture 
to  be  taught  in  all  other  schools  not  provided  for  in  this  Act. 

§  6.  Inconsistent  Acts  Repealed. — All  Acts  or  parts  of  Acts 
inconsistent  with  this  Act  are  hereby  repealed. 

§  7.  Immediately  Effective. — This  Act  shall  take  effect  imme- 
diately upon  the  signature  of  the  Governor. 
Approved  Feb.  27. 


AN  ACT  to  Provide  an  Equalizing  Fund  to  Guarantee  Adequate 
Facilities  and  Teaching  Corps  in  Needy  School  Districts. 

Section  1.  Equalizing  Fund — Prerequisites  to  Participation — 
What  Schools  Not  to  Participate. — Be  it  enacted  by  the  General 
Assembly  of  the  State  of  South  Carolina :  There  is  hereby  annually 
appropriated  out  of  the  State  Treasury  not  less  than  fifty  thousand 
($50,000.00)  dollars  to  be  used  as  an  equalizing  fund  for  guarantee- 
ing adequate  facilities  and  an  adequate  teaching  corps  in  needy 
school  districts. 

To  participate  in  such  equalizing  fund,  any  school  district  must 
first  levy  a  maximum  tax  of  eight  (8)  mills  for  current  expenses, 
must  employ  one  certificated  teacher  to  instruct  not  more  than  fifty, 
nor  fewer  than  twenty-five  pupils,  for  a  term  of  not  less  than  seven 
months.  Any  district  refusing  to  levy  such  eight-mill  tax  for  cur- 
rent enpenses,  or  enrolling  fewer  than  twenty-five  pupils  to  each 
certificated  teacher,  or  running  longer  than  seven  months  shall  not 
be  entitled  to  share  in  this  appropriation.  State  aid  from  this  fund 
shall  not  be  granted  in  any  district  where  the  principal  of  the  school 
receives  a  salary  of  more  than  seventy-five  ($75.00)  dollars  per 
month,  or  where  an  assistant  teacher  holding  a  first  grade  county 
certificate  receives  more  than  fifty  ($50.00)  dollars  per  month,  or 
where  an  assistant  teacher  holding  a  second  grade  county  certificate 
receives  more  than  forty  ($40.00)  dollars  per  month,  or  where  an 
assistant  teacher  holding  a  third  grade  county  certificate  receives 
more  than  thirty  ($30.00)  dollars  per  month. 


§  2.  Time  for  Filing  Application — Form. — All  applications  for 
State  aid  from  the  equalizing  fund  must  be  filed  with  the  State 
Superintendent  of  Education  not  later  than  December  15th  of  each 
year,  and  the  State  Superintendent  is  hereby  authorized  to  prepare 
blanks  and  forms  for  such  applications. 

§  3.  Applications  to  Be  Refused  in  Certain  Cases — Amount  to 
Be  Received  by  School — Proviso. — In  the  distribution  of  this 
fund,  the  State  Superintendent  shall  refuse  the  application  of  any 
district  where  the  regular  or  special  local  funds  have  not  been  fully 
exhausted  either  by  expenditure  or  by  contract,  or  where  the  allow- 
ance of  State  aid  would,  in  his  judgment,  be  unwise  or  detrimental. 
The  disapproval  of  any  application  by  the  State  Superintendent 
shall  be  subject  to  review  by  the  State  Board  of  Education. 

Any  district  meeting  the  requirements  hereof  shall  be  entitled  to 
receive  from  this  appropriation  a  sufficient  amount  to  cover  any 
deficit  for  actual  running  expenses  incurred  during  the  current  year : 
Provided,  That  the  State  Superintendent  of  Education  may  aid 
needy  schools  in  his  discretion  up  to  July  1st,  1917. 

§  A.  Limitation  on  Amount  of  Aid  Receivable. — Provided, 
That  no  county  shall  be  entitled  to  receive  a  greater  sum  than  ten  per 
cent,  of  total  amount  appropriated  for  needy  schools  under  the  pro- 
visions of  this  Act. 

Approved  Feb.  27. 


AN  ACT  to  Constitute  the  State  Board  of  Education,  the  South 
Carolina  State  Board  of  Vocational  Training,  and  to  Author- 
ize Said  Board  to  Co-operate  With  the  United  States  Gov- 
ernment in  This  Field. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  South  Carolina,  The  State  of  South  Carolina  hereby  accepts  the 
provisions  of  an  Act  of  Congress  entitled :  "To  provide  for  the  pro- 
motion of  vocational  education ;  to  provide  for  co-operation  with 
the  States  in  the  promotion  of  such  education  in  agriculture,  the 
trades,  industries,  and  home  economics;  to  provide  for  co-operation 
with  the  States  in  the  preparation  of  teachers  of  vocational  subjects; 
and  to  authorize  the  appropriation  of  money  and  to  regulate  its 
expenditure,"  and  hereby  designates  and  constitutes  the  State  Board 
of  Education  as  the  South  Carolina  State  Board  of  Vocational 


10 

Training  to  co-operate  with  the  United  States  Government  in  put- 
ting such  law  into  operation. 

§  2.  The  South  Carolina  State  Board  of  Vocational  Training 
is  further  authorized  to  co-operate  with  any  local  or  State  agency, 
now  established  or  hereafter  to  be  established,  for  the  advancement 
of  agricultural  and  industrial  education. 

§  3.  The  Treasurer  of  the  State  of  South  Carolina  is  hereby 
created  and  appointed  custodian  of  all  funds  coming  to  the  State 
of  South  Carolina  from  the  United  States  under  this  Act,  and  the 
State  Treasurer  shall  be  responsible  on  his  bond  for  the  correct  and 
proper  handling  of  such  funds.  All  moneys  appropriated  by  the 
State  or  paid  into  the  State  Treasury  from  the  United  States  for 
the  purpose  of  this  Act  shall  be  paid  out  upon  the  order  of  the  State 
Board  of  Education,  duly  countersigned  and  approved  by  the  Sec- 
retary of  the  State  Board  of  Education,  and  itemized  vouchers  shall 
be  filed  with  the  Comptroller  General  as  in  the  case  of  other  funds. 

Approved  Feb.  27. 


Section  11  of  the  Act  passed  in  1917  by  the  Legislature,  making 
appropriations  for  the  State  Government: 

SECTION  11. 

Public  Schools. 

Item     1.  Extension  of  Public  Schools $  60,000  00 

Item     2.  Public  School  Libraries 5,000  00 

Item     3.  Consolidated  and  Graded  Schools 187,500  00 

Item     4.  Rural  School  Improvement  Association 2,100  00 

Item     5.  Night  Schools 2,500  00 

Item     6.  State  Board  of  Education 2,000  00 

Item     7.  High   Schools 75,000  00 

Item     8.  Equalization  Fund  for  Needy  Schools 50,000  00 

Item    9.  School  Building  Fund '. 50,000  00 

Item  10.  Teaching  Agriculture  in  the  Public  Schools  in 

this   State..  10,000  00 


Total    $444,100  00 

The  State  Superintendent  of  Education  is  authorized  to  continue 
aid  under  Item  3  in  any  district  when  the  school  building  is  burned 
or  destroyed  during  the  scholastic  year,  past  or  current. 


11 


NOTES. 

All  rural  graded  schools  should  note  carefully  the  require- 
ments of  a  report  for  the  scholastic  year  1916-17  to  be  filed  with 
the  State  Superintendent  of  Education  before  State  aid  can  be 
continued  during  1917-18. 

2.  Rural    graded    school    applications    must    be    filed    before 
December  31st  each  year. 

3.  Three  papers  are  annually  required  from  every  rural  graded 
>chool : 

(a)  The  application  for  State  aid. 

(b)  A  full,  accurate,  legible  copy  of  each  teacher's  schedule 

of  daily  recitations. 

(c)  The  annual  report  at  the  close  of  the  session. 

4.  All  papers  sent  to  the  State  Department  of  Education  should 
have  been  given  careful  examination  and  written  approval  by 
district  and  county  school  officers. 

5.  The  trustees  of  any  rural  graded  school  with  an  enrollment 
of  100  now  have  a  broader  opportunity  in  the  provision  of  the 
law  for  schools  employing  four  teachers. 

6.  Any  rural  graded  school  with  an  enrollment  of  125  also  has 
a  broader  opportunity  for  the  employment  of  five  teachers. 

7.  Under  no  circumstances  should  any  board  of  trustees  form 
contracts  in  excess  of  the  estimated  income  of  their  district.     In 
every  instance  where  the  required  term  with  the  required  teach- 
ing corps  cannot  be  guaranteed,  the  application  cannot  be  legally 
approved  by  the  State  Superintendent  of  Education. 

8.  Agriculture  may  be  successfully  taught  under  the  1917  Act 
in  any  rural  graded  school  with  two  or  more  teachers,  if  the  dis- 
trict supplies  $750  to  pay  the  salary  of  a  principal  to  be  appointed 
by  the  County  Superintendent,  the  State  Superintendent,  and  the 
State  Supervisor  of  Agricultural  Instruction  for  a  term  of  at  least 
three  years.     The  present  Act  makes  no  provision  for  the  salary 
of  the  State  Supervisor  of  Agricultural  Instruction,  but  the  State 
Department  of  Education  hopes  to  be  able  to  make  some  begin- 
nings in  some  progressive  communities. 

9.  The  equalizing  fund  is  available  only  in  districts  levying  an 
eight-mill  tax  for  current  expenses.     A  tax  for  bonds  is  for  past 


12 

indebtedness,  and  cannot  be  counted  as  a  part  of  this  eight-mill 
levy. 

10.  A  minimum  term  of  seven  months  is  guaranteed  for  every 
district  having  an  eight-mill  tax  and  paying  modest  salaries. 

11.  State  aid  from  the  equalizing  fund  cannot  be  secured  until 
the  benefits  of  the  term  extension  law,  the  rural  graded  school 
law,  or  the  high  school  law  have  been  fully  utilized. 

12.  The  rapid  development  of  vocational  training  is  hoped  for 
under  the  stimulus  of  Federal  aid,  State  aid  and  local  interest. 


THE  R.  L.  BRYAN  COMPANY,  Printers,  COLUMBIA,  S.  C. 


YC  0^84 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


